Hours after US Secretary of State John Kerry finally expressed regret over the treatment meted out to Indian diplomat Devyani Khobragade, the US Attorney prosecuting the case, Preet Bharara, has denied claims that she was mistreated. In a statement issued, he has said that she was not arrested in public and that she was not handcuffed.
Bharara, in fact, said that Devyani was accorded courtesies that are generally not given to most Americans. Bharara went to the extent of saying that she was even allowed to make personal phone calls before she was arrested and the arresting officers even offered to get her refreshments.
Also Read: India shifts Devyani Khobragade to UN Mission
But Bharara maintained that the strip-search was standard operating procedure and that it was done by a female Deputy Marshal.
Bharara in his statement said, "Ms Khobragade was accorded courtesies well beyond what other defendants, most of whom are American citizens, are accorded. She was not, as has been incorrectly reported, arrested in front of her children. The agents arrested her in the most discreet way possible, and unlike most defendants, she was not then handcuffed or restrained. In fact, the arresting officers did not even seize her phone as they normally would have. It is true that she was fully searched by a female Deputy Marshal in a private setting but this is standard practice for every defendant, rich or poor, American or not."
This after the US Secretary of State John Kerry expressed regret but stopped short of apologising. Kerry called India's National Security Advisor Shivshankar Menon and expressed his regret over the arrest and strip search of Indian Deputy Consul General Devyani Khobragade in New York City.
State Department Deputy Spokeswoman Marie Harf said Kerry called Menon, who has slammed the diplomat's treatment as, in his words, "despicable and barbaric."
Meanwhile, Foreign Secretary Sujata Singh spoke to US Under Secretary Wendy Sherman over the issue. Harf said Kerry believes it's important for foreign diplomats serving in the United States to be treated with respect.
She said Kerry expressed his regret and said he hoped the incident would not damage the close relationship the US has with India.
On Wednesday, the incident witnessed a dramatic twist following India's allegations against the US for the arrest of Devyani in an alleged case of visa fraud related to her domestic help Sangeeta Richards. With the New York publicly arresting, strip searching and locking Devyani up with common criminals, India shifted her to the United Nations Permanent Mission in New York to ensure diplomatic immunity.
Devyani will have to apply for UN accreditation which in turn will need US State Department's approval but the Ministry of External Affairs sees no obstacle in it. Now she will get full diplomatic immunity, not the limited one as a consular official.
External Affairs Minister Salman Khurshid said, "We are confident that our message which is loud and clear will be heard, we are two countries which have good relations. An aberration of this kind and departure from past is something we wouldn't want."
Prime Minister Manmohan Singh called the treatment meted out to Devyani as 'deplorable'. The matter echoed in Parliament and MPs cutting across the party lines slammed the US authorities for illtreating and humiliating her.
As more details emerged questions were raised over the US government's role in the whole matter. According to Indian officials the immigration fraud was carried out by Sangeeta Richards and not Devyani. Richards's husband and two children flew out of India on Air India 101 to New York on December 10 after they had got visas from US authorities and the entire thing was planned by US Department of Justice two days before Devyani was arrested.
In June 2013, Indian government had complained to the US over Richards disappearance. In September 2013, the MEA had helped Devyani in filing a case in the High Court and get injunction, warrant against Sangeeta.
But the visas were issued despite India's warning to the US about a warrant and court injunction against Richards's husband.
Full text of US Attorney Preet Bharara's statement:
There has been much misinformation and factual inaccuracy in the reporting on the charges against Devyani Khobragade. It is important to correct these inaccuracies because they are misleading people and creating an inflammatory atmosphere on an unfounded basis. Although I am quite limited in my role as a prosecutor in what I can say, which in many ways constrains my ability here to explain the case to the extent I would like, I can nevertheless make sure the public record is clearer than it has been thus far.
First, Ms. Khobragade was charged based on conduct, as is alleged in the Complaint, that shows she clearly tried to evade US law designed to protect from exploitation the domestic employees of diplomats and consular officers. Not only did she try to evade the law, but as further alleged, she caused the victim and her spouse to attest to false documents and be a part of her scheme to lie to US government officials. So it is alleged not merely that she sought to evade the law, but that she affirmatively created false documents and went ahead with lying to the US government about what she was doing. One wonders whether any government would not take action regarding false documents being submitted to it in order to bring immigrants into the country. One wonders even more pointedly whether any government would not take action regarding that alleged conduct where the purpose of the scheme was to unfairly treat a domestic worker in ways that violate the law. 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?
Second, as the alleged conduct of Ms. Khobragade makes clear, there can be no plausible claim that this case was somehow unexpected or an injustice. Indeed, the law is clearly set forth on the State Department website. Further, there have been other public cases in the United States involving other countries, and some involving India, where the mistreatment of domestic workers by diplomats or consular officers was charged criminally, and there have been civil suits as well. In fact, the Indian government itself has been aware of this legal issue, and that its diplomats and consular officers were at risk of violating the law. The question then may be asked: Is it for US prosecutors to look the other way, ignore the law and the civil rights of victims (again, here an Indian national), or is it the responsibility of the diplomats and consular officers and their government to make sure the law is observed?
Third, Ms. Khobragade, the Deputy General Consul for Political, Economic, Commercial and Women's Affairs, is alleged to have treated this victim illegally in numerous ways by paying her far below minimum wage, despite her child care responsibilities and many household duties, such that it was not a legal wage. The victim is also alleged to have worked far more than the 40 hours per week she was contracted to work, and which exceeded the maximum hour limit set forth in the visa application. Ms. Khobragade, as the Complaint charges, created a second contract that was not to be revealed to the US government, that changed the amount to be paid to far below minimum wage, deleted the required language protecting the victim from other forms of exploitation and abuse, and also deleted language that stated that Ms. Khobragade agreed to "abide by all Federal, state, and local laws in the US" As the Complaint states, these are only "in part" the facts, and there are other facts regarding the treatment of the victim - that were not consistent with the law or the representations made by Ms. Khobragade -- that caused this Office and the State Department, to take legal action.
Fourth, as to Ms. Khobragade's arrest by State Department agents, this is a prosecutor's office in charge of prosecution, not the arrest or custody, of the defendant, and therefore those questions may be better referred to other agencies. I will address these issues based on the facts as I understand them. Ms. Khobragade was accorded courtesies well beyond what other defendants, most of whom are American citizens, are accorded. She was not, as has been incorrectly reported, arrested in front of her children. The agents arrested her in the most discreet way possible, and unlike most defendants, she was not then handcuffed or restrained. In fact, the arresting officers did not even seize her phone as they normally would have. Instead, they offered her the opportunity to make numerous calls to arrange personal matters and contact whomever she needed, including allowing her to arrange for child care. This lasted approximately two hours. Because it was cold outside, the agents let her make those calls from their car and even brought her coffee and offered to get her food. It is true that she was fully searched by a female Deputy Marshal -- in a private setting -- when she was brought into the US Marshals' custody, but this is standard practice for every defendant, rich or poor, American or not, in order to make sure that no prisoner keeps anything on his person that could harm anyone, including himself. This is in the interests of everyone's safety.
Fifth, as has been reported, the victim's family has been brought to the United States. As also has been reported, legal process was started in India against the victim, attempting to silence her, and attempts were made to compel her to return to India. Further, the Victim's family reportedly was confronted in numerous ways regarding this case. Speculation about why the family was brought here has been rampant and incorrect. Some focus should perhaps be put on why it was necessary to evacuate the family and what actions were taken in India vis-a-vis them. This Office and the Justice Department are compelled to make sure that victims, witnesses and their families are safe and secure while cases are pending.
Finally, this Office's sole motivation in this case, as in all cases, is to uphold the rule of law, protect victims, and hold accountable anyone who breaks the law - no matter what their societal status and no matter how powerful, rich or connected they are.
