Letter from UN vindicates India’s position.
By Deepak Chitnis
WASHINGTON, DC: More than two months after her arrest in New York for allegations of visa fraud and making false statements to the US government, Indian Deputy Consul General Devyani Khobragade has apparently been vindicated by the United Nations, which announced that she did enjoy diplomatic immunity at the time of her arrest as India’s “Special Advisor” to the UN.
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The declaration came in the form of a letter from UN Assistant Secretary General for Legal Affairs Stephen Mathias, and contradicts the long-held US stand that its Department of State, along with New York City Attorney Preet Bharara, were well within their rights to arrest Khobragade. The arrest, along with subsequent strip-search and indictment, raised intense ire in India.
The letter was presented in court by Khobragade’s lawyer Devyani Khobragade, Daniel Arshack, as part of his motion to dismiss the indictments and bring the case to an end. Arshack explained that Khobragade was listed as a special advisor back in August, in anticipation of Prime Minister Manmohan Singh’s visit to Washington, DC and New York, and therefore the 39 year-old diplomat was safe from arrest for any perceived crimes.
Specifically, the letter said that the UN rules state that any representatives of members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations shall, while exercising their functions and during their journey to and from the place of meeting, enjoy [diplomatic] privileges and immunities” and “shall be deemed to include all delegates, deputy delegates, advisers, technical experts and secretaries of delegations.”
However, enforcement of this rule would “depend on the facts and circumstances of the specific situation.” That last bit will likely be used by the US to allow them to forge ahead with their prosecution. The US government has been very reticent to let Khobragade simply go. The immunity in question was only valid from August 26-December 31 of last year.