The controversial arrest and strip search of an Indian diplomat in New York came after the blatant mistake of a US agent, her lawyer says. The agent allegedly mistook the diplomat’s salary with her housekeeper's wages, triggering the “disastrous” row.
Attorney Daniel Arshack - who represents Devyani Khobragade,
India’s deputy consul general in New York - on Tuesday accused US
authorities of bungling the investigation leading to his client’s
arrest, AP reported.
According to Arshack, the US agent who drew up charges against
the diplomat “erroneously and disastrously” mistook
Khobragade’s listed base salary of $4,500 per month for what she
intended to pay her housekeeper. The mistake was allegedly made
while reading a form submitted on behalf of the domestic worker.
The diplomat’s salary was listed on the form for the purpose of
providing proof that she earned enough money to pay her
housekeeper $1,560 per month, or $9.75 per hour, for a 40-hour
work-week, the lawyer said.
According to AP, the mistake “became apparent” to Arshack after
he and others closely reviewed the forms that Khobragade was
required to submit.
“It’s incredibly unsexy kind of information, but it does go
right to the heart of what this is about,” the lawyer said.
The Indian diplomat was arrested on December 12 on charges of
making false declarations on a visa application for her New York
City housekeeper, later identified as Sangeeta Richard.
In court documents, US authorities claimed Khobragade falsely
stated that she paid Richard $4,500 per month for a 40-hour
work-week.
Moreover, the charging document alleged that Khobragade secretly
signed a second contract with Richard, in which she agreed to pay
her the equivalent of around $570 a month – an amount which is
illegal under US minimum wage laws. The housekeeper ended up
receiving even less than that – about $3.31 per hour for a
40-hour workweek, the complaint said.
Nearly one week after her arrest, Khobragade said in an emailed
statement to media she was subject to “repeated handcuffing,
stripping and cavity searches,” despite asserting that she
had diplomatic immunity.
The US State Department then said in a statement that Khobragade
only had consular immunity - which is separate from diplomatic
immunity and does not prevent career officers or employees from
being arrested.
Khobragade has since been released on $250,000 bail and was
transferred to India’s United Nations mission in New York after
the UN approved a request from India to accredit the diplomat.
However, Khobragade still needs the approval of the US State
Department in order to receive a UN post granting her broader
immunity. US officials have warned that the newly acquired
diplomatic immunity will not exempt the Indian diplomat from the
ongoing investigation – something that her lawyer stoutly denies.
If convicted, Khobragade - who says she has already suffered from
such “indignities” as strip-searching and spending time
in a cell with “drug addicts” - could face a maximum
sentence of 10 years in jail for visa fraud and five years for
making a false declaration.
The incident has triggered outrage in India and sparked a
diplomatic row between New Delhi and Washington.
India’s foreign minister, Salman Khurshid, has called
Khobragade’s treatment “completely unacceptable.”
In response to the incident, New Delhi reportedly withdrew all ID
cards issued to officials at US consulates across India,
according to AFP. It ordered police to remove safety barriers
around the US Embassy, and announced a freeze on duty-free
alcohol and food imports. This was topped by promises to review
work conditions and salaries of Indians working in US consulates.
US Secretary of State John Kerry expressed regret over the
incident on Wednesday, but State Department deputy spokeswoman
Marie Harf said the treatment of the Indian diplomat was in
accordance with “standard procedures.”
While prosecutors have declined to comment on Arshack’s latest
claims, US Attorney Preet Bharara earlier questioned why there
was “precious little outrage” about the alleged
treatment of the Indian housekeeper, and vowed to uphold the law
and hold lawbreakers accountable “no matter what their
societal status and no matter how powerful, rich or connected
they are.”
According to Reuters, the US has flown Richard’s family out of
India. The move follows Bharara’s allegations of US attempts to
“silence” the housekeeper and compel her to return home.