TA的每日心情 | 开心 2015-12-23 04:08 |
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签到天数: 2 天 [LV.1]炼气
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本帖最后由 Highway 于 2013-12-20 05:00 编辑
晨枫 发表于 2013-12-19 12:56
看来印度反应激愤,中国反应振奋啊。
A few comments I just read
A lot of facts has been advertised falsely by NY DA. 1st of all compensation for the maid is not made by Devyani but rather by Indian government who also pays for the maids medical, boarding, food as well as clothes and transportation. Secondly she was issued E3 visa on official passport and NOT on Indian passport. So there is conflict in her status as well because E3 visa application requires to US compensation rate but sticking it on official diplomatic passport relives her for that requirement. This conflict needs to be addressed bilaterally by talks NOT by isolating Devyani's case and targeting her. She is NOT a human trafficker or one who held her maid in chains. Maid or her lawyer found this loophole and framed case against her and in essence India. Also applying word of law, US embassy in any part of world is considered US soil so if locals work in US embassy outside US do they need valid work visa to enter premise and most importantly are the locals working in US embassy being paid US salaries?? Hell NO! There are always grey area when diplomats come as laws of 2 nations overlap but this is not how one should handle the case. IF SO THAN WHY DIDN'T RUSSIAN DIPLOMATS & THEIR FAMILY MEMBERS WHO ARE ACCUSED OF $1.2 MILLION MEDICAID FRAUD NOT ARRESTED? US blatantly screwed up here!!
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Do you really think Indian official picked one single isolated event to play hardball with US?
As per Vienna Convention "
Article 40 states “The receiving State shall treat consular officers with due respect and shall take all appropriate steps to prevent any attack on their person, freedom or dignity.” The New York City Police has violated this article.
Article 43 says, “1. Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority.”
The alleged offence of making a false declaration in visa application and not paying the legal minimum wage is not a “grave crime” by any reckoning. The atrocities of stripping, body cavity searches, and picking her up while she was dropping her children at school are absolutely unacceptable and despicable
Morever, Article 47
Exemption From Work Permits
Members of the consular post shall, with respect to services rendered for the sending State, be exempt from any obligations in regard to work permits imposed by the laws and regulations of the receiving State concerning the employment of foreign labour.
Members of the private staff of consular officers and of consular employees shall, if they do not carry on any other gainful occupation in the receiving State, be exempt from the obligations referred to in paragraph 1 of this Article
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