Follow Us:
Friday, July 20, 2018

‘Attempts in India to silence victim and compel her to return… it was necessary to evacuate the family’

From U.S. prosecutor and two indian families,contrasting views on a babysitter.

Published: December 20, 2013 1:30:57 am

Full text of US attorney Preet Bharara’s statement on prosecution stand in case against Divyani Khobragade

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-à-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.


What he calls ‘silencing attempts’

A look at the steps taken from the Indian side since Sangeeta Richard’s departure from the Khobragade household on June 23

Until July 8: India requests US for action against alleged demands by Sangeeta that she be permitted to change her passport and visa status and to work elsewhere,and that she be arrested since she “has taken cash,mobile phone and documents from the residence of Devyani Khobragade”

July 8: Govt of India revokes Sangeeta’s passport,requests US for assistance in repatriating her

October 8: After State Dept writes to Indian embassy to probe Sangeeta’s allegations,Embassy writes back denying the allegations,also seeks assistance in implementing a Delhi High Court injunction of September 20 restraining Sangeeta from initiating legal action against Devyani outside India

November 19: Metropolitan magistrate of South District,New Delhi,issues a non-bailable arrest warrant against Sangeeta

December 6: Arrest warrant forwarded to State Department and US Embassy in New Delhi requesting them to instruct the relevant authorities in the US to arrest and repatriate Sangeeta to India


For all the latest News Archive News, download Indian Express App