devyani khobragade incident - wikipedia, the free encyclopedia

8/13/2019 Devyani Khobragade Incident - Wikipedia, The Free Encyclopedia

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Devyani Khobragade incidentFrom Wikipedia, the free encyclopedia

On December 11, 2013, Devyani Khobragade, then the Deputy Consul General of the Consulate General of India in New York City, was charged by U.S. authorities with committing visa fraud and providing falsestatements in order to gain entry to the United States for a woman of Indian nationality, for the potentialemployment as a domestic worker for Khobragade in New York. [1] Khobragade was arrested the next day byU.S. federal law enforcement authorities [2] and was then subjected to a search of her body cavities commonlycalled a "strip search". [3][4] Her arrest and treatment have received much media attention particularly in India,and have led to a major diplomatic standoff between India and the United States. [5][6]

On December 18, 2013, Khobragade was transferred by the government of India to the UN mission in NewYork, subject to clearance from the United States Department of State, which would entitle her to full diplomaticimmunity. [7] Her former post only entitled her to consular immunity.

Contents1 Background2 Arrest

2.1 Visa fraud charges3 Reactions

3.1 Khobragade3.2 India3.3 United States3.4 Sangeeta Richard3.5 Human Rights Groups

4 Aftermath5 References

Background

Devyani Khobragade, 39, is an Indian Foreign Service officer functioning as Deputy Consul General in theConsulate General of India in New York. She joined Indian Foreign Service in 1999. In her capacity of deputyconsul general for India, she handled women's affairs as well as political and economic issues. Khobragade ismarried to an American citizen, New York-born Aakash Singh Rathore, a Professor at the University of Pennsylvania. [8]

Khobragade hired Sangeeta Richard, 42, an Indian national, in November 2012 as a nanny and domesticservant, and arranged for a US visa to bring Richard to New York. Richard entered the U.S. under an A-3 visa,which is a non-immigrant visa and permits the holder to work anywhere in the US for a specified employer. [9]

Her husband, Philip Richard, works as a driver with the Mozambique mission in New Delhi. [9] It has beenreported that the mother-in-law of Sangeeta Richard was employed with a senior US diplomat, who was postedin India between 20022007. It is also reported that the father-in-law of Richard is still working in the USembassy in India. [10][11] Sangeeta Richard's whereabouts have been unknown since June 21, 2013, after which

ani Khobragade incident - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki /Devyani_Khobragade_incid

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her Indian diplomatic passport was revoked. [9] On a complaint lodged by Khobragade, a Delhi Court issued anon-bailable arrest warrant against Sangeeta Richard on November 19, 2013, which was forwarded to USembassy for her immediate arrest. [12] Philip Richard, along with two children, went to the U.S. on December 10,2013, two days before Khobragade's arrest, on a T visa; this visa permits victims of human trafficking and theirclose relatives to stay in the U.S. to testify against those accused of human trafficking crimes. [12][13] Indianmedia claimed that the cost of air tickets for Philip Richards, and two children Jennifer and Jatin, was paid bythe U.S. Embassy to India. [14]

Arrest

Based on the charges filed by a special agent with the US Department of State, Bureau of Diplomatic Security,the United States Magistrate Judge Debra Freeman issued an arrest warrant against Khobragade. Khobragadewas arrested by US Department of State's Diplomatic Security Service on December 12, 2013 around 9:30 amafter dropping off her daughters at school on West 97th Street in Manhattan. [15]

Indian media sources claimed that after her arrest, she was handcuffed, strip searched, DNA swabbed andsubjected to a cavity search. [5][16][17][18]

In response to the uproar about the incident, on December 19, 2013, Preet Bharara, U.S. Attorney for theSouthern District of New York, made a rare statement which included a number of claims as to her arrest:

That Khobragade was not handcuffed or her phone seized. [19]1.That for about two hours after her arrest, she was allowed to make numerous phone calls from inside thearresting officers' car because it was cold outside. [19]

2.

That the arresting officers even brought her coffee and offered to get her food. [19]3.That after arranging for child care for her children, Khobragade was taken to the federal courthouse indowntown Manhattan around noon where she was taken into the custody of U.S. Marshals Service and

strip searched by a female Deputy Marshal in a private setting.[19]

4.

On December 18, 2013, Nikki Credic-Barrett, a spokeswoman for the U.S. Marshals Service, stated thatKhobragade was strip searched but not subjected to a cavity search. Per agency regulations, a strip search caninclude a "visual inspection" of body cavities. Credic-Barrett also stated that anyone taken to holding cells of the New York federal courthouse is automatically subjected to a strip search if they are placed among otherprisoners. [20]

At the federal courthouse in downtown Manhattan, Khobragade was presented before a U.S. magistrate judgeand released at 4 p.m. the same day on a $250,000 bond after pleading not guilty and surrendering herpassport. [6]

Visa fraud charges

Khobragade was charged on December 11, 2013. The charges allege that she committed visa fraud willfully andunder penalty of perjury under Title 28, United States Code, Section 1746. It further alleges that Khobragadesubmitted an employment contract to the U.S. Department of State, in support of a visa application filed byKhobragade for another individual, which she knew to contain materially false and fraudulent statements. [21]

The visa fraud charge carries a maximum sentence of 10 years in prison and the false statements charge carriesa maximum sentence of five years. [22]


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The complaint alleges that Khobragade and Sangeeta Richard verbally agreed in India to a starting salary of 25,000 rupees per month, plus an additional 5,000 rupees for overtime. Based on the exchange rate at that time,30,000 rupees is equivalent to $573.07 U.S. dollars or about $3.31 an hour assuming a 40-hour work week. [21]

Khobragade signed a written contract with Richard which stipulated her hourly salary in the U.S. would be$9.75 and that the normal working hours per week shall be 40. This contract was submitted to the U.S.government as part of the visa application where Khobragade stated Richard would be making "around $4,500per month". [21] The complaint claims that Khobragade instructed Richard not to say anything to the embassy

interviewer about being paid only 30,000 rupees per month, but to say she would be paid $9.75 and hour andwork 40 hours a week. [21]

The complaint then alleges that Khobragade asked Richard to sign another employment contract shortly beforeleaving India, which was not intended to be revealed to the U.S. government. [22] This second contract allegedlysays she was to be paid an expected salary of Rs. 30,000 per month with no mention of sick days or vacationtime. [21]

Reactions

Khobragade

In an email to her Indian diplomatic colleagues released to the media on December 18, 2013, Khobragadewrote: [23]

I am so grateful for all the outpouring of unequivocal support and backing that has beenavailable to me from the fraternity. I take comfort in the confidence that this invaluablesupport will also be translated into strong and swift action, to ensure the safety of me and mychildren, as also to preserve the dignity of our service which is unquestionably under siege.

While I was going through it, although I must admit that I broke down many times as theindignities of repeated handcuffing, stripping and cavity searches, swabbing, hold up withcommon criminals and drug addicts were all being imposed upon me despite my incessantassertions of immunity, I got the strength to regain composure and remain dignified thinkingthat I must represent all of my colleagues and my country with confidence and pride. I feel Ican continue to do so thanks to this strong and prolific support.

India

In India, much of criticism of the actions of the US authorities centered on the claims made by Indian media thatKhobragade was handcuffed in public, subjected to a strip search, and made to share a cell with "drugaddicts". [24]

Government officials and ministers in India reacted strongly against the arrest of the diplomat and cited theVienna Convention on Consular Relations whereby diplomats enjoy immunity. US government officials maintainthat they followed "standard procedures", and that Khobragade has only consular immunity, giving herprotection from arrest related to her consular duties but not to crimes committed on US soil. India's ForeignSecretary Sujatha Singh registered a protest with the US ambassador to India Nancy Jo Powell. Powell clarified


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that immunity from US courts only applies to "acts performed in the exercise of consular functions." [25]

In further protest, several senior politicians and officials from Indian government refused to meet the USCongressional delegation that was visiting India at that time. These included Speaker of the Lok Sabha MeiraKumar, Minister of Home Affairs Sushilkumar Shinde, Congress Vice President Rahul Gandhi and primeministerial candidate of NDA for the upcoming 2014 Indian general elections and Chief Minister of GujaratNarendra Modi. [6][5] The US Congressional delegation included representatives George Holding, Pete Olson,

David Schweikert, Rob Woodall and Madeleine Bordallo.[26]

Former Finance Minister Yashwant Sinha called for the arrest of same-sex companions of US diplomats, citingthe Supreme Court of India's recent upholding of Section 377 of the Indian Penal Code. [27][28] The Indiangovernment asked US consular officers posted in India to return all identity cards. [6][5]

On December 17, 2013, Delhi Police removed security barricades on the road outside the US Embassy in NewDelhi, citing need for improvement of traffic flow in that area. [29] India has demanded an unconditional apologyfrom the US government [29] and asked the details of the salaries of all domestic help, gardeners and other staff employed by US consulates in India to check for inconsistency or frauds. [29] India moved to block perks such as

alcohol and food imports at concessional rates, for embassy employees.[30]

On December 18, 2013, the Prime Minister of India, Manmohan Singh, criticised the actions of the USauthorities as "deplorable". [31] Bahujan Samaj Party leader Mayawati complained that the Indian governmentwas not reacting strongly enough, asserting that it was insufficiently supportive to Khobragade because shebelonged to a Dalit caste. [32]

Protests took place outside the US consulates in New Delhi, [33] Mumbai, [33] Chennai [34] and Hyderabad. [31][33][35][36]

United StatesOn December 18, 2013, John Kerry expressed regret over the arrest and strip-search of the Indian diplomatDevyani Khobragade and empathised as a father of two daughters at similar age as Khobragade. [37]

Preet Bharara, U.S. Attorney for the Southern District of New York, the top federal law-enforcement post forManhattan, whose office had filed the charges, [38][39] defended the handling of the arrest and custody, thoughhis office was not involved. He claimed that Khobragade was accorded courtesies well beyond what otherdefendants, most of whom are American citizens, are accorded. [22] He cited multiple examples of courtesy,including permitting Khobragade to retain her phone to make several phone calls over the course of two hourswhile seated in the arresting officer's car because it was cold outside. Khobragade was permitted to make asmany phone calls as she needed to make personal arrangements, including child care for her daughters. Thearresting officers even got her coffee and offered to get her food. Bharara defended the strip search of Kobhragade as routine procedure followed by the US Marshal Service in the interest of everyone's safety. [19][40]

On the evening of December 19, 2013, US under secretary of state for political affairs Wendy Sherman called upIndian foreign secretary Sujatha Singh to convey regrets regarding the episode. Sherman offered a consulardialogue between India and US to resolve the problems of domestic staff and immunity issue. [41] Sherman spokewith Indian Foreign Secretary Sujatha Singh to stress the importance of ties following the arrest details andpledged to work through the complex issues of the case. [42]


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On December 19, State Department Spokeswoman Marie Harf told reporters Washington is not pressuring U.S.law enforcement to drop the case.

Sangeeta Richard

Sangeeta Richard, the domestic worker in the Khobragade case, is being represented by Safe Horizon, a victimassistance agency. On December 20, 2013 Dana Sussman, Staff Attorney in the anti-trafficking programme atSafe Horizon said there was "frustration and disappointment that the media and the officials portrayed this storyin the way that they have." [43] Sussman also denied claims that Richard had sought to extort money fromKhobragde after leaving her employment."She essentially worked very long hours, was isolated within the home,and attempted to ask for more time off, ask for more reasonable hours, but those attempts to resolve the issueswere unsuccessful." Describing Richard's reaction to the publicity surrounding the case, Sussman said "It's quiteoverwhelming for her. I think she's been frustrated with the response that somehow has been on thevictimization of the defendant." [44]

In court papers filed in Delhi, Richard's husband Phillip alleged that she was required to work from 6 am to11pm every day, with just two hours off on Sunday to go to church. [45] He also claimed that money wasdeducted from Richard's wages when she fell ill, and that Uttam Khobragade, Devyani's father, had threatenedthe Richard family with abduction and false drugs allegations if Richard complained about her treatment. [45]

Human Rights Groups

On December 20 a group of nearly fifty people representing migrant domestic workers protested for an houroutside the Indian Consulate in New York City. Among the rights groups were Safe Horizon, the victimassistance agency representing Richard, The National Domestic Workers Alliance, Damayan Migrant WorkersAssociation and the National Guestworker Alliance. Yomara Velez of the National Domestic Workers Alliancesaid "We are calling for a fair trial and compensation for Richard. There is a larger issue here about diplomaticimmunity and about how do we provide basic labour protections for all domestic workers not just in the US but

globally as well." [46]

Aftermath

The Indian government has moved Khobragade to a permanent Indian Mission at the United Nations, New York which may provide her with diplomatic immunity. [47][48] The US State Department has clarified that fulldiplomatic immunity which she might receive in that post would not be retroactive. [49] On December 23, 2013,the United Nations approved a request from India to accredit Khobragade, [50] but also stated that US approvalwas still needed. [51] Khobhragade was granted an exemption from personally appearing in court for the case. [52]

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exempted-from-appearing-in-US-court.html).

52.

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