"The Vienna Convention on Consular Affairs provides that consular officers are not liable to arrest or detention pending trial, except in the case of a felony where a court warrant is required. But that provision does not apply to family members," the State Departments spokesman, Mark Toner, told mediapersons at a news conference on Wednesday.
Family members of the diplomats do carry diplomatic passports, he acknowledged but diplomatic immunity does not apply to them, he noted.
"This is different for consular officers versus those in the embassy. Those are different categories," Toner said.
At a news conference in New York, Krittika Biswas, daughter of the vice counsel at the Indian Consulate in Manhattan, Debashish Biswas, claimed that she was ill-treated in prison.
Biswas alleged that she was not allowed to use the bathroom for a long-time when she was in custody at the 107th precinct. "Eventually, I had to go in front of everyone," Biswas said, referring to a small toilet that was in the cell occupied by other persons.Indian girl jailed in US for 'mistaken identity'
Indian diplomat's daughter to sue NYC, school
No response from Pak on Osama hideout issue: US
Pak must punish 26/11 perpetrators urgently: US
Pak protest? Bah! US drone strikes will go on