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US prosecutor defends arrest and strip-search of Indian diplomat US prosecutor defends arrest and strip-search of Indian diplomat
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A US federal prosecutor has defended the arrest and strip-search of an Indian diplomat held on visa charges, saying she was treated well and given coffee and offered food while detained.A US federal prosecutor has defended the arrest and strip-search of an Indian diplomat held on visa charges, saying she was treated well and given coffee and offered food while detained.
The US attorney Preet Bharara made the highly unusual move of issuing a lengthy statement addressing the arrest and issues not in a criminal complaint. He said the diplomat, Devyani Khobragade, was afforded courtesies most Americans would not get, such as being allowed to make phone calls for two hours to arrange childcare and sort out personal matters, after she was arrested by state department agents outside the school her children attend in Manhattan.The US attorney Preet Bharara made the highly unusual move of issuing a lengthy statement addressing the arrest and issues not in a criminal complaint. He said the diplomat, Devyani Khobragade, was afforded courtesies most Americans would not get, such as being allowed to make phone calls for two hours to arrange childcare and sort out personal matters, after she was arrested by state department agents outside the school her children attend in Manhattan.
Khobragade was arrested last week on charges that she lied on a visa application about how much she paid her housekeeper, an Indian national. Prosecutors say the maid received less than $3 an hour for her work.Khobragade was arrested last week on charges that she lied on a visa application about how much she paid her housekeeper, an Indian national. Prosecutors say the maid received less than $3 an hour for her work.
Bharara said Khobragade, who has pleaded not guilty, was not handcuffed, restrained or arrested in front of her children. She was "fully searched" in private by a female deputy marshal, which he said was a standard safety practice that all defendants had to undergo.Bharara said Khobragade, who has pleaded not guilty, was not handcuffed, restrained or arrested in front of her children. She was "fully searched" in private by a female deputy marshal, which he said was a standard safety practice that all defendants had to undergo.
Khobragade has been transferred to India's mission to the United Nations, according to her lawyer and a former colleague. It is unclear how such a move might affect her immunity from prosecution, and a UN spokesman said on Wednesday evening it had not received a necessary transfer request from her.Khobragade has been transferred to India's mission to the United Nations, according to her lawyer and a former colleague. It is unclear how such a move might affect her immunity from prosecution, and a UN spokesman said on Wednesday evening it had not received a necessary transfer request from her.
News that Khobragade was strip-searched has chilled US-Indian relations. John Kerry, the secretary of state, called a senior Indian official to express his regret over what happened. India has revoked privileges for US diplomats in protest.News that Khobragade was strip-searched has chilled US-Indian relations. John Kerry, the secretary of state, called a senior Indian official to express his regret over what happened. India has revoked privileges for US diplomats in protest.
Bharara, who was born in India but moved with his family to New Jersey, defended his case. "One wonders whether any government would not take action regarding false documents being submitted to it in order to bring immigrants into the country," he said. "And one wonders why there is so much outrage about the alleged treatment of the Indian national accused of perpetrating these acts, but precious little outrage about the alleged treatment of the Indian victim and her spouse?"Bharara, who was born in India but moved with his family to New Jersey, defended his case. "One wonders whether any government would not take action regarding false documents being submitted to it in order to bring immigrants into the country," he said. "And one wonders why there is so much outrage about the alleged treatment of the Indian national accused of perpetrating these acts, but precious little outrage about the alleged treatment of the Indian victim and her spouse?"
Khobragade, who was India's deputy consul general in New York, would face a maximum sentence of 10 years for visa fraud and five years for making a false declaration if convicted. She has said she has full diplomatic immunity. The state department disputes that, saying hers is more limited to acts performed in the exercise of consular functions. Her work status was unclear late on Wednesday.Khobragade, who was India's deputy consul general in New York, would face a maximum sentence of 10 years for visa fraud and five years for making a false declaration if convicted. She has said she has full diplomatic immunity. The state department disputes that, saying hers is more limited to acts performed in the exercise of consular functions. Her work status was unclear late on Wednesday.
Venkatasamy Perumal, an Indian consulate spokesman, said Khobragade was transferred to India's UN mission on Tuesday, but he declined to comment further.Venkatasamy Perumal, an Indian consulate spokesman, said Khobragade was transferred to India's UN mission on Tuesday, but he declined to comment further.
The state department's deputy spokeswoman Marie Harf said that when such a transfer request was made to the UN, the UN secretariat would inform the state department. It would then have to be reviewed by appropriate authorities in both places.The state department's deputy spokeswoman Marie Harf said that when such a transfer request was made to the UN, the UN secretariat would inform the state department. It would then have to be reviewed by appropriate authorities in both places.
Khobragade's lawyer, Daniel Arshack, said he did not know what she would be doing at the UN mission, but "I fully expect her to stay in the US".Khobragade's lawyer, Daniel Arshack, said he did not know what she would be doing at the UN mission, but "I fully expect her to stay in the US".
Khobragade has said US authorities subjected her to a strip-search, cavity search and DNA swabbing following her arrest. India's prime minister, Manmohan Singh, has described her treatment as "deplorable".Khobragade has said US authorities subjected her to a strip-search, cavity search and DNA swabbing following her arrest. India's prime minister, Manmohan Singh, has described her treatment as "deplorable".
In India the fear of public humiliation resonates strongly, and heavy-handed treatment by the police is normally reserved for the poor. For an educated, middle-class woman to face public arrest and a strip-search is almost unimaginable, except in the most brutal crimes.In India the fear of public humiliation resonates strongly, and heavy-handed treatment by the police is normally reserved for the poor. For an educated, middle-class woman to face public arrest and a strip-search is almost unimaginable, except in the most brutal crimes.
Harf said Kerry called India's national security adviser, Shivshankar Menon, who has criticised the diplomat's treatment as "despicable and barbaric". Harf said Kerry had called India's national security adviser, Shivshankar Menon, who has criticised the diplomat's treatment as "despicable and barbaric".
In an email published in Indian media on Wednesday, Khobragade said she had been treated like a common criminal. "I broke down many times as the indignities of repeated handcuffing, stripping and cavity searches, swabbing, in a holdup with common criminals and drug addicts were all being imposed upon me despite my incessant assertions of immunity," she wrote.In an email published in Indian media on Wednesday, Khobragade said she had been treated like a common criminal. "I broke down many times as the indignities of repeated handcuffing, stripping and cavity searches, swabbing, in a holdup with common criminals and drug addicts were all being imposed upon me despite my incessant assertions of immunity," she wrote.
Khobragade was arrested by the state department's diplomatic security team and then handed over to US marshals in New York. The US Marshals Service confirmed on Tuesday that it had strip-searched Khobragade and placed her in a cell with other female defendants. It described the measures as "standard arrestee intake procedures". It could not immediately confirm whether she underwent a cavity search.Khobragade was arrested by the state department's diplomatic security team and then handed over to US marshals in New York. The US Marshals Service confirmed on Tuesday that it had strip-searched Khobragade and placed her in a cell with other female defendants. It described the measures as "standard arrestee intake procedures". It could not immediately confirm whether she underwent a cavity search.
The White House spokesman Jay Carney said: "This isolated episode is not indicative of the close and mutually respectful ties" that the US and India share.The White House spokesman Jay Carney said: "This isolated episode is not indicative of the close and mutually respectful ties" that the US and India share.
India retaliated against US diplomats with measures that include revoking diplomat ID cards that brought certain privileges, demanding to know the salaries paid to Indian staff in US embassy households and withdrawing import licenses that allowed the commissary at the US embassy to import alcohol and food. India retaliated against US diplomats with measures that included revoking diplomat ID cards that brought certain privileges, demanding to know the salaries paid to Indian staff in US embassy households and withdrawing import licences that allowed the commissary at the US embassy to import alcohol and food.
On Wednesday dozens of people protested outside the US embassy, saying Khobragade's treatment was an insult to Indian women.On Wednesday dozens of people protested outside the US embassy, saying Khobragade's treatment was an insult to Indian women.
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