seedhi Posted December 13, 2013 Share Posted December 13, 2013 If at all she has to be tried, it has to be in India rather than in the US. Link to comment Share on other sites More sharing options...
gattaca Posted December 13, 2013 Share Posted December 13, 2013 If at all she has to be tried' date=' it has to be in India rather than in the US.[/quote'] She commited a crime in US. India doesn't has min wage thing. Link to comment Share on other sites More sharing options...
seedhi Posted December 13, 2013 Share Posted December 13, 2013 She commited a crime in US. India doesn't has min wage thing.She can be tried for misrepresentation of facts, misuse of authority, criminal itimidation etc. Link to comment Share on other sites More sharing options...
gattaca Posted December 13, 2013 Share Posted December 13, 2013 But it strikes how cheap she is. She gets a big check , expenses paid by govt but still underpays someone. Link to comment Share on other sites More sharing options...
EnterTheVoid Posted December 13, 2013 Share Posted December 13, 2013 But it strikes how cheap she is. She gets a big check ' date=' expenses paid by govt but still underpays someone.[/quote'] A grand total of around $3.00 per hour. Whilst doing this, she was harping about human rights, ethics, values and related nonsense. Link to comment Share on other sites More sharing options...
Crookbond Posted December 13, 2013 Share Posted December 13, 2013 Devyani Khobragade had employed the domestic help in a personal and not diplomatic capacity. Therefore, diplomatic immunity may not apply in this case. Link to comment Share on other sites More sharing options...
hhunaeh Posted December 13, 2013 Share Posted December 13, 2013 The us attorney is an indian born american. I wonder how that influenced the case. Link to comment Share on other sites More sharing options...
ganeshran Posted December 13, 2013 Share Posted December 13, 2013 Devyani Khobragade had employed the domestic help in a personal and not diplomatic capacity. Therefore' date=' diplomatic immunity may not apply in this case.[/quote'] I don't think diplomatic immunity is affected by that. If she enjoys diplomatic immunity, then the US cannot prosecute her unless India waives the immunity. Link to comment Share on other sites More sharing options...
coffee_rules Posted December 13, 2013 Share Posted December 13, 2013 She's a mid-level diplomat, I think she doesn't have the same kind of immunity that top level like ambassadors have. Still that US Attorney known for going after Indian subcontinentals with a lot of enthu not showing the same against white folk (a coconut basically) can't be thought of having balls. He will look stupid when it becomes a international incident. A citation and a fine would have taught her a lesson. Link to comment Share on other sites More sharing options...
CG Posted December 13, 2013 Share Posted December 13, 2013 She's a mid-level diplomat' date=' I think she doesn't have the same kind of immunity that top level like ambassadors have. [b']Still that US Attorney known for going after Indian subcontinentals with a lot of enthu not showing the same against white folk (a coconut basically) can't be thought of having balls. He will look stupid when it becomes a international incident. A citation and a fine would have taught her a lesson. :giggle: Link to comment Share on other sites More sharing options...
Crookbond Posted December 13, 2013 Share Posted December 13, 2013 I don't think diplomatic immunity is affected by that. If she enjoys diplomatic immunity' date=' then the US cannot prosecute her unless India waives the immunity.[/quote'] There are certain exceptions for diplomatic immunity. The Article 31c of "The Vienna Convention on Diplomatic Relations of 1961" states that diplomatic immunity does not apply for civil proceedings in case of property or business interests unrelated to their diplomatic duties. http://legal.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf Link to comment Share on other sites More sharing options...
seedhi Posted December 13, 2013 Share Posted December 13, 2013 There are certain exceptions for diplomatic immunity. The Article 31c of "The Vienna Convention on Diplomatic Relations of 1961" states that diplomatic immunity does not apply for civil proceedings in case of property or business interests unrelated to their diplomatic duties. http://legal.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdfThis is certainly not a civil proceeding. She was handcuffed on the street ! Link to comment Share on other sites More sharing options...
Crookbond Posted December 13, 2013 Share Posted December 13, 2013 This is certainly not a civil proceeding. She was handcuffed on the street ! Huh? It is not where she was handcuffed that matters. The diplomatic immunity is based on the nature of the proceedings. The proceedings for which she is charged does not allow diplomatic immunity under the Vienna conventions since the nature of the proceedings falls outside of her diplomatic duties. Link to comment Share on other sites More sharing options...
Raghav_12 Posted December 13, 2013 Share Posted December 13, 2013 This is certainly not a civil proceeding. She was handcuffed on the street ! Lol.. first time I heard that people getting arrested in civil proceedings.. Link to comment Share on other sites More sharing options...
coffee_rules Posted December 13, 2013 Share Posted December 13, 2013 Khobragade, 39, was charged with one count of visa fraud and one count of making false statements, which carry maximum sentences of ten years and five years in prison, respectively. She was expected to appear before US magistrate judge Debra Freeman on Thursday afternoon. It is a criminal offense outside her diplomatic duties - no immunity in this case makes sense. Who complained to the US Attorney to make a case? It seems to be a personal, somebody didn't like her a lot. Link to comment Share on other sites More sharing options...
seedhi Posted December 13, 2013 Share Posted December 13, 2013 Huh? It is not where she was handcuffed that matters. The diplomatic immunity is based on the nature of the proceedings. The proceedings for which she is charged does not allow diplomatic immunity under the Vienna conventions since the nature of the proceedings falls outside of her diplomatic duties.Read your own link. Article 31 states that a diplomat enjoys immunity from all criminal proceedings of the host state' date= without exception. There are some exceptions but only for civil proceedings. In this case, the diplomat was handcuffed as part of a criminal proceedings which is a clear violation of the Vienna convention. Link to comment Share on other sites More sharing options...
seedhi Posted December 13, 2013 Share Posted December 13, 2013 It is a criminal offense outside her diplomatic duties - no immunity in this case makes sense. Who complained to the US Attorney to make a case? It seems to be a personal' date=' somebody didn't like her a lot.[/quote']Please read the Vienna Convention Article 31: A diplomat enjoys complete immunity from criminal proceedings of the host state. Link to comment Share on other sites More sharing options...
maniac Posted December 13, 2013 Author Share Posted December 13, 2013 Just playing devil's advocate for a sec,wonder what the domestic help thinks about this? Link to comment Share on other sites More sharing options...
Crookbond Posted December 13, 2013 Share Posted December 13, 2013 Read your own link. Article 31 states that a diplomat enjoys immunity from all criminal proceedings of the host state' date=' without exception. There are some exceptions but only for [i']civil proceedings. In this case, the diplomat was handcuffed as part of a criminal proceedings which is a clear violation of the Vienna convention. It is the way you read it. I read it as "Criminal, Civil and Administrative" immunity except for - © "An action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions". Clearly, this lies outside he diplomatic duties. Also not just me, apparently another attorney agrees with me. Suneeta Dewan, an attorney present at the hearing, said Khorbragade had employed the domestic help in her personal capacity and not diplomatic capacity. This is why the reason of diplomatic immunity may not apply in the case. http://www.deccanchronicle.com/131213/news-current-affairs/article/indias-deputy-consul-general-devyani-khobragade-arrested-us-visa Lets see how this pans out. Link to comment Share on other sites More sharing options...
seedhi Posted December 13, 2013 Share Posted December 13, 2013 It is the way you read it. I read it as "Criminal' date=' Civil and Administrative" immunity except for - © "An action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions". Clearly, this lies outside he diplomatic duties.[/quote']So now you pretend to not even understand plain English. This is the opening of Article 31: Clearly, the immunity from criminal proceedings is without any exception. The only exception is for civil proceedings regarding some professional and business dealings. Our diplomat has been deliberately arrested in clear violation of Article 31 of the convention. Link to comment Share on other sites More sharing options...
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