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Indian deputy consul general arrested in US on visa fraud charges

Yes a scuffle in which the diplomat got injured. China did protest strongly.

State department apology is what India will be looking for. If they keep up the pressure they may get it.

It was a traffic related incident, the traffic police didn't know he was a diplomat. Of course, China protested strongly.

Your case is a lot more serious, they knew she was a diplomat, it's a clear-cut violation of the Geneva convention. Let's see how much diplomatic clout India has got.
 
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U.S. Marshal Arrest Procedures
By Athena Hessong, eHow Contributor
U.S. Marshal Arrest Procedures

Planning the Arrest
    • A U.S. marshal needs reasonable cause to make an arrest for a felony crime. In the planning of the arrest, the superior deputy in the proceedings makes the decision whether to contact local law enforcement agencies. Assistance from the local police might be sought should the deputy see a need for additional law enforcement officers.
    Initiating the Arrest
    • An arresting deputy identifies himself to a suspect orally and by showing his U.S. Marshals badge. The marshal physically restrains the suspect, most often with handcuffs, and moves him to a location with as few exits as possible. Both of the marshal's actions help prevent the suspect from trying to escape during the arrest.
    Searching and Advising the Suspect
    • An initial pat-down search of the suspect is designed to check for weapons, items to be used in escape or evidence that might be disposed of. The pat-down search requires the arresting deputy to pat her hands over the outside of the suspect's body and when possible, should be conducted by a deputy that is the same sex as the suspect. This helps maintain the dignity of the suspect and prevents sexual harassment allegations.
      All suspects, once restrained and searched, must have their rights read to them. The suspect's native language must be used to advise. Deputies carry cards in Spanish and English to advise suspects of their rights under U.S. law.
      The rights read to the suspect, known as the Miranda warning, note that the suspect has the right to remain silent, he has the right to hire an attorney or have one appointed to represent him, and anything said by the suspect can be used against him.
      The suspect, now a prisoner, has the opportunity to sign a waiver of rights form in her native language. This allows the prisoner to acknowledge that she was read her rights and understood them, but still wishes to answer the deputy's questions in the interview.
    Magistrate Judges and Complaints
    • Before making an arrest, a deputy can seek a warrant from a magistrate by filing a complaint under oath. The judge then issues the arrest warrant. This can occur either before or after the arrest. Should the suspect have been arrested without a warrant, the deputy brings the prisoner to a judge to file a complaint and receive a formal arrest warrant. A delay in seeking a warrant for an arrested suspect could result in an inability to prosecute.
      The agency in charge of the arrest--local or state police or federal marshals--takes charge of detaining the prisoner in jail until a court hearing before a judge can be set.
Read more: U.S. Marshal Arrest Procedures | eHow


Why would a us marshall arrest someone instead of a police officer?

Answer:
THE US Marshal appointed for a particular district is unlikely to arrest someone themselves. It is a politically appointed position who is not required to have law enforcement experience. However, a DEPUTY US Marshal is likely to make arrests. They might arrest someone rather than a police officer if it is for a violation of federal law. For example, the US Marshall's service is responsible for federal prisoners and tracking down those who are wanted for federal crimes and those who escape federal custody.

a Deputy US Marshal might arrest someone if the person had a federal warrant, if the person fled the state jurisdiction in which they committed a state offense, or if the Deputy Marshal was assigned to a multijurisdictional task force of agents and officers who are charged with apprehending violent fugitives (Fugitive Investigation Strike Team, for example).
 
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Whatever the case may be, it seems America deliberately tried to humiliate India and slap her hard in the face. America doesn't respect India. This incident shows that America has nothing but contempt for India.

India must respond to this egregious violation of her honor. It's unfortunate that India's leadership is weak. India allows China and America bully her freely. Even the Russians disrespects India by overcharging her on military equipments.

When will India stand up and defend her honor?

You already know the answer to this :)
 
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What is a full body cavity search? - India - DNA

What is a full body cavity search?
1937280.jpg

A full body cavity search is a visual search or manual internal inspection of body cavities for prohibited material such as illegal drugs, money, jewellery, or weapons. This search is different from a strip search as it involves poking fingers or inserting the entire hand into suspect's rectums.

There are two types of BCS — visual and manual.

Visual body cavity search involves checking of body cavities like nostrils, ears, mouth, penis, vagina and rectum with the help of a flashlight. The person undergoing this search needs to regulate the body parts for a proper examination.

Manual search involves body cavities being examined using a finger or the entire hand. However, this type of search is restricted to individuals who either refuse to cooperate with the authorities or when there is a proof of the suspect carrying any of the barred substances.

Guidelines to conduct the search:

According to a Hindu report, the US Marshals Service's (USMS) protocol documents, called the Prisoner Operations Service Directives, have a separate section dedicated to body searches.

As per the body search guidelines in the document, the USMS is authorised to carry out four types of searches — pat-down search, in-custody search, strip-search and digital cavity search.

The guidelines also state that while conducting a strip search that Marshals need to ensure that it is done in a private location where only designated personnel are allowed examine the detainee.

The rules further state that that the search be conducted by a member of the same sex unless it is a physician or nurse, and all efforts be made to protect the modesty of the person.

During the search, the designated officer can instruct the prisoner/detainee to take off all the loose things and conduct a thorough visual examination of the prisoner's body from head to toe.

In the next stage of inspection, the officer can check behind each ear and look inside the prisoner's ear canals, nostrils, and mouth, (under the tongue also), roof of the mouth, and between the lips and gums.

They are also authorised to visually inspect the front part of the body, paying close attention to areas such as armpits, breasts, and genital area.

The protocol also authorises the officer to direct the prisoner to “spread her legs and bend forward at the waist [to] observe the anus area and genitals from the rear.”

Lastly, the protocol advises conclusion of the examination with an observation of the bottoms and between the toes of both feet.

As per US Marshals law the above is only allowed when the subject is carrying weapons or is a threat to national security
 
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Kudos to chinese for letting their embassy bombed and diplomats killed and not even allowed to whine about it :lol:

As far as I can remember, there were no deaths on the "kosovo" embassy bombing.
 
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who gives a damn about the vienna convention .

U.S are worried about the underpayment of an indian maids wages by an indian but not about the hundreds they killed in our neighbouring state or the prisinors tortured at Gitmo. If U.S doesent care about deaths about innocent civillians then why care about underpayment of wages.


P.S The maids name is Sangeeta Richards She has been miising sinse june and blackmailed devyani and the consulate for an out of court settlement . She was helped by a lawyer who also enabled her to get her husband and children to U.S 2 days before arrest and did all this for a Green Card
 
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Either the Americans were feeling a bit heavy-handed, or the indians did something irritating behind the scenes that made US want to retaliate somehow


removing the safety barriers was a witty move; but it will surely invite American anger. They may downgrade their relations due to risk of terrorism but who knows maybe they'll somehow resolve the issue and deport the diplomat

HIT THE NAIL ON THE HEAD!
 
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I suggest moderators should remove this thread completely from PDF server and permanently ban this pervert if they are concerned about modesty of a woman, even if the woman is an Indian. The whole thread was opened in bad taste. @WebMaster @Zakii @Jungibaaz @Oscar @Aeronaut

'What do you mean if this woman is an Indian'?! It shouldn't matter what her 'Nationality or Citizenship' or by Hindu Standards 'what her 'Caste' is! Caste system is a 'taboo' of your (Indian) Society & NOT ours (Pakistani)
This is a Pakistani Forum, hence, we don't practice a 'caste system'!
So why close this thread or remove it!
 
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U.S. owes India apology over strip-search

San Diego (CNN) -- Here's a scary thought: There's a country where officials are suggesting that the visas of gay partners of U.S. diplomats be revoked and these individuals be put in jail -- not because the country recently outlawed same-sex relationships but to crack down on Americans.
In that country, the government is also curtailing the privileges traditionally granted to U.S. consulate staff, taking down protective barricades in front of the U.S. consulate and snubbing U.S. diplomatic officers.

Where do you suppose you'll find this anti-American backlash brewing? North Korea? Cuba? Iran? Surely, it must be a place where the citizens hate the United States. Perhaps it's a political adversary with which relations have never been particularly good.

Nope. All this is happening in India, which has long been a good and dependable friend and ally to the United States, most recently during the war on terror.

These are tense times in U.S.-India relations. And it's all because of how agents with the U.S. Marshals Service treated Devyani Khobragade when she was recently arrested and detained.

The 39-year-old deputy counsel general of India was taken into custody in New York on December 12 after she dropped her daughter off at school, and she was charged with visa fraud for allegedly lying on the application that she filled out to get permission for her nanny to legally work in the United States.

Court documents allege that she stated on the application that she was paying the nanny the minimum wage in New York -- $9.75 per hour, when she was really only paying her what worked out to be about $3.31 per hour.

Even that part of the story is fuzzy. Imagine someone coming into your home and calculating what you're paying a housekeeper or nanny or gardener by the hour, when you're paying them a flat rate for the day. I know friends who have live-in nannies, and those baby sitters are essentially on-call around the clock. They're probably making less than minimum wage as well, but with room and board thrown in.

Anyway, what happened next isn't being disputed by either side.

Khobragade was put in a holding cell with other female detainees and strip-searched. She eventually posted bond, and she was released. She is now staying at India's Permanent Mission to the United Nations.

The U.S. Marshals Service claims that a strip-search is standard operating procedure and that none of its policies were violated in this case. A spokesman says that Khobragade was treated just like anyone else.

That's the problem. Khobragade is not just like anyone else. She is a diplomatic officer with limited immunity. She's in the United States representing a proud country filled with reserved and modest people, many of whom consider a strip-search to be, as one Indian official said, "barbaric."

This is a country that in recent years has had good relations with the United States and where we have foreign officers stationed who we expect to be treated fairly and humanely.

Besides, she is not a violent criminal or a terror suspect, and she doesn't appear to be a threat to public safety.

If there is a labor law violation here, it would a civil crime, not a criminal offense. And if the U.S. government is going to throw the book at people who mistreat workers, I could -- as someone who writes about the immigration issue -- provide dozens of names of U.S. citizens, from farmers to soccer moms, who belong in a lineup.

Lying on a visa application is no small matter, but we're still not sure that is what happened given how wages are sometimes arrived at. Either way, it does seem that U.S. marshals might have overreacted in this case.

Like other law enforcement officers, many federal agents already get what is referred to as cultural sensitivity training. But, it turns out, what they really need is a crash course in International Relations 101.

The Indian government is incensed, and it has a right to be.

There are questions about the procedure that agents followed in this case, and they need to be answered. Those policies need to be reviewed. Indian officials also want an apology, and they should get one. Secretary of State John Kerry should deliver it himself, going beyond what the State Department said in a statement is Kerry's "regret" over the incident.

Questions of Khobragade's guilt or innocence can wait for another day. Yet, decency and common sense can be dealt with now. Those things tell us something went wrong in this case. It's up to the Obama administration to make it right before this diplomatic crisis gets any bigger.

Ruben Navarrette is a CNN contributor and a nationally syndicated columnist with the Washington Post Writers Group

Opinion: U.S. owes India apology over strip-search - CNN.com
 
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One person opinion not mean the whole nation or US government should apologize to India because of India childish retaliation to demand an apology in which US government wasn't at fault in this case.




U.S. owes India apology over strip-search

San Diego (CNN) -- Here's a scary thought: There's a country where officials are suggesting that the visas of gay partners of U.S. diplomats be revoked and these individuals be put in jail -- not because the country recently outlawed same-sex relationships but to crack down on Americans.
In that country, the government is also curtailing the privileges traditionally granted to U.S. consulate staff, taking down protective barricades in front of the U.S. consulate and snubbing U.S. diplomatic officers.

Where do you suppose you'll find this anti-American backlash brewing? North Korea? Cuba? Iran? Surely, it must be a place where the citizens hate the United States. Perhaps it's a political adversary with which relations have never been particularly good.

Nope. All this is happening in India, which has long been a good and dependable friend and ally to the United States, most recently during the war on terror.

These are tense times in U.S.-India relations. And it's all because of how agents with the U.S. Marshals Service treated Devyani Khobragade when she was recently arrested and detained.

The 39-year-old deputy counsel general of India was taken into custody in New York on December 12 after she dropped her daughter off at school, and she was charged with visa fraud for allegedly lying on the application that she filled out to get permission for her nanny to legally work in the United States.

Court documents allege that she stated on the application that she was paying the nanny the minimum wage in New York -- $9.75 per hour, when she was really only paying her what worked out to be about $3.31 per hour.

Even that part of the story is fuzzy. Imagine someone coming into your home and calculating what you're paying a housekeeper or nanny or gardener by the hour, when you're paying them a flat rate for the day. I know friends who have live-in nannies, and those baby sitters are essentially on-call around the clock. They're probably making less than minimum wage as well, but with room and board thrown in.

Anyway, what happened next isn't being disputed by either side.

Khobragade was put in a holding cell with other female detainees and strip-searched. She eventually posted bond, and she was released. She is now staying at India's Permanent Mission to the United Nations.

The U.S. Marshals Service claims that a strip-search is standard operating procedure and that none of its policies were violated in this case. A spokesman says that Khobragade was treated just like anyone else.

That's the problem. Khobragade is not just like anyone else. She is a diplomatic officer with limited immunity. She's in the United States representing a proud country filled with reserved and modest people, many of whom consider a strip-search to be, as one Indian official said, "barbaric."

This is a country that in recent years has had good relations with the United States and where we have foreign officers stationed who we expect to be treated fairly and humanely.

Besides, she is not a violent criminal or a terror suspect, and she doesn't appear to be a threat to public safety.

If there is a labor law violation here, it would a civil crime, not a criminal offense. And if the U.S. government is going to throw the book at people who mistreat workers, I could -- as someone who writes about the immigration issue -- provide dozens of names of U.S. citizens, from farmers to soccer moms, who belong in a lineup.

Lying on a visa application is no small matter, but we're still not sure that is what happened given how wages are sometimes arrived at. Either way, it does seem that U.S. marshals might have overreacted in this case.

Like other law enforcement officers, many federal agents already get what is referred to as cultural sensitivity training. But, it turns out, what they really need is a crash course in International Relations 101.

The Indian government is incensed, and it has a right to be.

There are questions about the procedure that agents followed in this case, and they need to be answered. Those policies need to be reviewed. Indian officials also want an apology, and they should get one. Secretary of State John Kerry should deliver it himself, going beyond what the State Department said in a statement is Kerry's "regret" over the incident.

Questions of Khobragade's guilt or innocence can wait for another day. Yet, decency and common sense can be dealt with now. Those things tell us something went wrong in this case. It's up to the Obama administration to make it right before this diplomatic crisis gets any bigger.

Ruben Navarrette is a CNN contributor and a nationally syndicated columnist with the Washington Post Writers Group

Opinion: U.S. owes India apology over strip-search - CNN.com

Apologized mean you admit your wrong doing. Regretful because under some circumstance other method should be used instead of normal procedure carry out in prison during the period of intake and processing of inmate into the prison system.
 
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Initially I did have a little bit of sympathy with this female diplomat. I thought the public arrest and the body research were a bit over the top (even though it is standard process in the US law enforcement circles). Now more and more truth had come out. It turned out phone calls from the police and summons were ignored by this woman before the arrest.

If she thought she was protected by the diplomatic immunity. She got a wake up come.

Good riddance.
 
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Devyani Khobragade: Bureaucratic and diplomatic negligence

By PJ Crowley Former US Assistant Secretary of State

........The strip-search was an unforced error.

The US Marshals Service says it followed "standard arrestee intake procedures," a cringe-worthy bureaucratic phrase that means it went by the book.

Ms Khobragade was treated like every other female defendant awaiting a court appearance.
The US could have declared Ms Khobragade persona non grata, demanded her immediate departure and refused further work visas for domestic help for Indian diplomats”

But the arrest of a diplomat is never just another case. If the state department did not know she would be strip-searched, it should have - and should have demanded special handling.


In diplomatic circles, any perceived slight is reciprocated. You step on our toes, expect the same. The political and public fallout was predictable, particularly in a country like India with a vigorous and sometimes inventive media.

En route to the courtroom in lower Manhattan, both countries lost sight of the big picture and the broader interests that should shape the relationship between the world's oldest and largest democracies.
BBC News - Devyani Khobragade: Bureaucratic and diplomatic negligence
 
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Initially I did have a little bit of sympathy with this female diplomat. I thought the public arrest and the body research were a bit over the top (even though it is standard process in the US law enforcement circles). Now more and more truth had come out. It turned out phone calls from the police and summons were ignored by this woman before the arrest.

If she thought she was protected by the diplomatic immunity. She got a wake up come.

Good riddance.


Some reports are stating she isn't even a diplomat but an employee of the Indian consul in NYC, but US states she doesn't have "full diplomatic immunity" hence her arrest was valid.

Either way in a country where gang-rape of women is a daily occurrence a lot of double-standard and hypocritical attitudes are being shown by the Indian government.
 
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