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ACLU: Should Diplomats Always Get Immunity?
Should Diplomats Always Get Immunity?
By Steven M. Watt, Senior Staff Attorney, ACLU Human Rights Program
A diplomatic furor has erupted between New Delhi and Washington over the recent arrest of an Indian consular official by U.S. authorities for alleged visa fraud and underpayment of a housekeeper who she had brought from India.
In the wake of her arrest, Devyani Khobragade, who is Deputy Counsel General at the Indian Consulate in New York, has claimed immunity from prosecution and is now out on bail and seeking full diplomatic immunity for her alleged crimes. The U.S. attorney prosecuting the case has indicated that immunity doesn't apply here because Khobragade's alleged criminal acts were not carried out as part of her role as a consular official.
There are some good reasons why diplomats should be afforded immunity from prosecution and lawsuits in American courts. However, if what the United States alleges here is true, it should not apply in this instance.
Under U.S. law, foreign diplomats and consular officials stationed here can apply for special visas to bring domestic workers with them. In a disturbing number of cases, however, diplomats have abused this privilege by luring women to the United States with promises of good jobs, but once here trap them in their homes by confiscating their passports, and then forcing them to toil for long hours for little or no pay. Some women have reported being physically and sometimes sexually abused.
- more -
https://www.aclu.org/blog/human-rights/should-diplomats-always-get-immunity
By Steven M. Watt, Senior Staff Attorney, ACLU Human Rights Program
A diplomatic furor has erupted between New Delhi and Washington over the recent arrest of an Indian consular official by U.S. authorities for alleged visa fraud and underpayment of a housekeeper who she had brought from India.
In the wake of her arrest, Devyani Khobragade, who is Deputy Counsel General at the Indian Consulate in New York, has claimed immunity from prosecution and is now out on bail and seeking full diplomatic immunity for her alleged crimes. The U.S. attorney prosecuting the case has indicated that immunity doesn't apply here because Khobragade's alleged criminal acts were not carried out as part of her role as a consular official.
There are some good reasons why diplomats should be afforded immunity from prosecution and lawsuits in American courts. However, if what the United States alleges here is true, it should not apply in this instance.
Under U.S. law, foreign diplomats and consular officials stationed here can apply for special visas to bring domestic workers with them. In a disturbing number of cases, however, diplomats have abused this privilege by luring women to the United States with promises of good jobs, but once here trap them in their homes by confiscating their passports, and then forcing them to toil for long hours for little or no pay. Some women have reported being physically and sometimes sexually abused.
- more -
https://www.aclu.org/blog/human-rights/should-diplomats-always-get-immunity
Secretary Kerry Call to Indian National Security Advisor Menon
Press Statement
Marie Harf
Deputy Department Spokesperson, Office of the Spokesperson
Washington, DC
Today Secretary Kerry called Indian National Security Advisor Menon to discuss the December 12th arrest of Deputy Consul General Khobragade.
The Secretary understands very deeply the importance of enforcing our laws and protecting victims, and, like all officials in positions of responsibility inside the U.S. Government, expects that laws will be followed by everyone here in our country. It is also particularly important to Secretary Kerry that foreign diplomats serving in the United States are accorded respect and dignity just as we expect our own diplomats should receive overseas.
As a father of two daughters about the same age as Devyani Khobragade, the Secretary empathizes with the sensitivities we are hearing from India about the events that unfolded after Ms. Khobragade’s arrest, and in his conversation with National Security Advisor Menon he expressed his regret, as well as his concern that we not allow this unfortunate public issue to hurt our close and vital relationship with India.
http://www.state.gov/r/pa/prs/ps/2013/218890.htm
Press Statement
Marie Harf
Deputy Department Spokesperson, Office of the Spokesperson
Washington, DC
Today Secretary Kerry called Indian National Security Advisor Menon to discuss the December 12th arrest of Deputy Consul General Khobragade.
The Secretary understands very deeply the importance of enforcing our laws and protecting victims, and, like all officials in positions of responsibility inside the U.S. Government, expects that laws will be followed by everyone here in our country. It is also particularly important to Secretary Kerry that foreign diplomats serving in the United States are accorded respect and dignity just as we expect our own diplomats should receive overseas.
As a father of two daughters about the same age as Devyani Khobragade, the Secretary empathizes with the sensitivities we are hearing from India about the events that unfolded after Ms. Khobragade’s arrest, and in his conversation with National Security Advisor Menon he expressed his regret, as well as his concern that we not allow this unfortunate public issue to hurt our close and vital relationship with India.
http://www.state.gov/r/pa/prs/ps/2013/218890.htm
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