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| Who, What, Why: Does Devyani Khobragade have diplomatic immunity? | Who, What, Why: Does Devyani Khobragade have diplomatic immunity? |
| (17 days later) | |
| Deputy consul general Devyani Khobragade was arrested in New York on suspicion of visa fraud. Can she claim diplomatic immunity? | Deputy consul general Devyani Khobragade was arrested in New York on suspicion of visa fraud. Can she claim diplomatic immunity? |
| If you are a diplomat abroad, you can get away with murder. | If you are a diplomat abroad, you can get away with murder. |
| The provision is spelt out in treaties. The 1961 Vienna Convention on Diplomatic Relations says diplomats are immune from prosecution in a host country if they break the law. | The provision is spelt out in treaties. The 1961 Vienna Convention on Diplomatic Relations says diplomats are immune from prosecution in a host country if they break the law. |
| It does not matter if you are working or off-duty (though back home you can be prosecuted). If you are a consul, however, you are only shielded if you break the law while you are working. | It does not matter if you are working or off-duty (though back home you can be prosecuted). If you are a consul, however, you are only shielded if you break the law while you are working. |
| For that reason, say experts, Ms Khobragade, as deputy consul general, could be prosecuted for the crimes she has been accused of. If you are a consul general, you have "consular immunity", rather than "diplomatic immunity". | For that reason, say experts, Ms Khobragade, as deputy consul general, could be prosecuted for the crimes she has been accused of. If you are a consul general, you have "consular immunity", rather than "diplomatic immunity". |
| Under the Vienna Convention on Consular Relations (1963), individuals are protected from a host country's laws only when the offences are related to their consular duties. | Under the Vienna Convention on Consular Relations (1963), individuals are protected from a host country's laws only when the offences are related to their consular duties. |
| There are different rules for ambassadors because of their responsibilities. A consul general helps people from their home country with visas, trade and other issues. Meanwhile a diplomat works directly with people in the host country. | There are different rules for ambassadors because of their responsibilities. A consul general helps people from their home country with visas, trade and other issues. Meanwhile a diplomat works directly with people in the host country. |
| "If a state could arrest a diplomat, it would interfere with their ability to do their job," said Duncan Hollis, editor of the Oxford Guide to Treaties. | "If a state could arrest a diplomat, it would interfere with their ability to do their job," said Duncan Hollis, editor of the Oxford Guide to Treaties. |
| Hiring a maid | Hiring a maid |
| According to federal-court documents, Ms Khobragade claimed on a visa application that she would pay a maid, Sangeeta Richard, $4,500 (£2,746) a month. That is above the minimum required by labour laws. | |
| In fact, said US investigators, two contracts were drawn up. One paid Ms Richard $573 per month. | In fact, said US investigators, two contracts were drawn up. One paid Ms Richard $573 per month. |
| Hiring a maid is not part of a deputy consul's job, as Mr Hollis said. Therefore a consul general could be prosecuted for offences relating to the hiring of domestic staff. | Hiring a maid is not part of a deputy consul's job, as Mr Hollis said. Therefore a consul general could be prosecuted for offences relating to the hiring of domestic staff. |
| "Diplomats get immunity for everything - your maids, your murders," he said. "But if you're consul general and you're off the clock..." | "Diplomats get immunity for everything - your maids, your murders," he said. "But if you're consul general and you're off the clock..." |
| Indian officials said they have moved Ms Khobragade to the United Nations. UN officials have to accept her credentials. In addition US state department officials have to sign off. | Indian officials said they have moved Ms Khobragade to the United Nations. UN officials have to accept her credentials. In addition US state department officials have to sign off. |
| "By changing her status, Indian officials are signalling that they understand she would not be protected by consular immunity," said Mr Hollis. | "By changing her status, Indian officials are signalling that they understand she would not be protected by consular immunity," said Mr Hollis. |
| Ms Khobragade is part of India's foreign service, said Shuja Nawaz, director of the South Asia Center at the Atlantic Council in Washington. She belongs to the mid-level part of the bureaucracy, not the top. | Ms Khobragade is part of India's foreign service, said Shuja Nawaz, director of the South Asia Center at the Atlantic Council in Washington. She belongs to the mid-level part of the bureaucracy, not the top. |
| Yet the arrest of Ms Khobragade has become a sore point between the US and India. "It's a symbolic issue of the way she was treated," he said. | Yet the arrest of Ms Khobragade has become a sore point between the US and India. "It's a symbolic issue of the way she was treated," he said. |
| 'Take a deep breath' | 'Take a deep breath' |
| In some ways, said Mr Hollis, the reaction in India evoked the time when International Monetary Fund chief Dominique Strauss-Kahn was indicted on charges that included attempted rape. The case was dismissed in August 2011. | In some ways, said Mr Hollis, the reaction in India evoked the time when International Monetary Fund chief Dominique Strauss-Kahn was indicted on charges that included attempted rape. The case was dismissed in August 2011. |
| "In France they were outraged at the way he was treated - the perp walk," said Mr Hollis. "You see some of that in India. It's, 'hey, this is a deputy consul general. What are you doing treating her this way?'" | "In France they were outraged at the way he was treated - the perp walk," said Mr Hollis. "You see some of that in India. It's, 'hey, this is a deputy consul general. What are you doing treating her this way?'" |
| Mr Nawaz said the controversy over Ms Khobragade has become "a very big distraction" - and is hurting US-India relations. "Both sides need to take a deep breath and step back." | Mr Nawaz said the controversy over Ms Khobragade has become "a very big distraction" - and is hurting US-India relations. "Both sides need to take a deep breath and step back." |
| So far that has not happened. | So far that has not happened. |