![\"devyani\"](\"https:\/\/patriotsforumindia.com\/wp-content\/uploads\/2014\/01\/devyani.png\")
<\/a><\/p>\n<\/p>\n
What is Diplomatic Immunity<\/b> and Consular\u00a0<\/b><\/div>\n
Immunity<\/b>?<\/div>\n
<\/div>\n
Ms. Khobragade enjoyed Consular Immunity. She<\/div>\n
was arrested on two felony counts.<\/div>\n
<\/div>\n
What does that mean under Geneva Convention?<\/div>\n
Read brief here.<\/div>\n
<\/div>\n
Diplomatic Agents<\/b>.<\/div>\n
<\/div>\n
Diplomatic agents enjoy the highest degree of<\/div>\n
privileges and immunities. They enjoy complete<\/div>\n
personal inviolability, which means that they<\/div>\n
may not be handcuffed (except in extraordinary<\/div>\n
circumstances), arrested, or detained; and<\/div>\n
neither their property (including vehicles)<\/div>\n
nor residences may be entered or searched.<\/div>\n
<\/div>\n
Diplomatic agents also enjoy complete immunity<\/div>\n
from the criminal jurisdiction of the host<\/div>\n
country\u2019s courts and thus cannot be prosecuted<\/div>\n
no matter how serious the offense unless their<\/div>\n
immunity is waived by the sending state.<\/div>\n
<\/div>\n
While it is not ordinarily of concern to<\/div>\n
police authorities, they also have immunity<\/div>\n
from civil suit except in four very limited<\/div>\n
circumstances: (a) in connection with real<\/div>\n
property transactions not conducted on behalf<\/div>\n
of the mission; (b) in connection with any<\/div>\n
role they may play as executor for or heir to<\/div>\n
an estate being distributed in the host<\/div>\n
country; (c) in connection with the<\/div>\n
performance of professional or commercial<\/div>\n
activities outside the scope of their official<\/div>\n
duties; or (d) in respect of counterclaims on<\/div>\n
the same subject matter when they have been<\/div>\n
the initiating party in a suit.<\/div>\n
<\/div>\n
Finally, they enjoy complete immunity from the<\/div>\n
obligation to provide evidence as witnesses<\/div>\n
and cannot be required to testify even, for<\/div>\n
example, if they have been the victim of a<\/div>\n
crime.<\/div>\n
<\/div>\n
Family members forming part of the household<\/div>\n
of diplomatic agents enjoy precisely the same<\/div>\n
privileges and immunities as do the sponsoring<\/div>\n
diplomatic agents.<\/div>\n
<\/div>\n
Consular Officers<\/b>.<\/div>\n
<\/div>\n
Consular officers are those members of<\/div>\n
consular posts who are recognized by both the<\/div>\n
sending and the host country as fully<\/div>\n
authorized to perform the broad array of<\/div>\n
formal consular functions. They have only<\/div>\n
official acts or functional immunity in<\/div>\n
respect of both criminal and civil matters and<\/div>\n
their personal inviolability<\/div>\n
is quite limited.<\/div>\n
<\/div>\n
Consular officers may be arrested or detained<\/div>\n
pending trial only if the offense is a felony<\/div>\n
and that the arrest is made pursuant to a<\/div>\n
decision by a competent judicial authority<\/div>\n
(e.g., a warrant issued by an appropriate<\/div>\n
court).<\/div>\n
<\/div>\n
They can be prosecuted for misdemeanors, but<\/div>\n
remain at liberty pending trial or other<\/div>\n
disposition of charges. Property of consular<\/div>\n
officers is not inviolable.<\/div>\n
<\/div>\n
Consular officers are not obliged to provide<\/div>\n
evidence as witnesses in connection with<\/div>\n
matters involving their official duties, to<\/div>\n
produce official documents, or to provide<\/div>\n
expert witness testimony on the laws of the<\/div>\n
sending country. Absent a bilateral agreement,<\/div>\n
the family members of consular officers enjoy<\/div>\n
no personal inviolability and no<\/div>\n
jurisdictional immunity of any kind.<\/div>\n
<\/div>\n
For more details, please<\/div>\n
check http:\/\/tinyurl.com\/3c2qfx7<\/a><\/div>\n
<\/div>\n
IMHO, she could have been booked, finger<\/div>\n
printed, mug shot taken and released on her<\/div>\n
own recognizance. But that was an option<\/div>\n
and not mandatory, for law enforcement. She<\/div>\n
was arrested for felony not misdemeanor.<\/div>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
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