Lok Sabha Question No. 5118 (UNSTARRED), answered on 2019-07-24
Subject: Indians in Foreign Jails
Ministry: EXTERNAL AFFAIRS
Asked by: Chandeshwar Prasad, Maneka Sanjay Gandhi, Virendra  Kumar, Mansukhbhai Dhanjibhai Vasava, T.N. Prathapan, Kani K. Navas

## GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.5118 TO BE ANSWERED ON 24.07.2019

## INDIANS IN FOREIGN JAILS

## † 5118.    SHRI CHANDESHWAR PRASAD: SHRIMATI MANEKA SANJAY GANDHI: DR. VIRENDRA KUMAR: SHRI MANSUKHBHAI DHANJIBHAI VASAVA: SHRI T.N. PRATHAPAN: SHRI K. NAVASKANI:

Will the Minister of EXTERNAL AFFAIRS be pleased to state:

- (a) whether the Government has any data of Indians who are presently in the jails in various foreign countries;
- (b) if so, the country, crime/case and gender-wise details in this regard;
- (c) whether the Government has taken any measures to get them released from jails and if so, the details thereof;
- (d) the data of Indians saved from jails in the past ten years, year-wise;
- (e) the details of help and assistance provided by/being provided by Indian embassies and consulates as per the policy of the country;
- (f) whether any negotiation of exchanging prisoners happened while saving Indians from the jails of other countries; and
- (g) if   so,   the   details   of   such   negotiations   happened and the data of exchanged prisoners?

## ANSWER

## THE MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS

## [SHRI V. MURALEEDHARAN]

(a) & (b) As per the information available with the Ministry, the number of Indian prisoners in foreign jails as of 31.05.2019 is 8189 which also includes   under-trials.   Country-wise   detailed   list   is   given   at   Annexure. However, due to strong privacy laws prevailing in many countries, the local authorities do not share information on prisoners unless the person concerned consents to the disclosure of such information. Even countries which share information do not generally provide detailed information about the people of foreign countries imprisoned.

(c) & (d) The Government through its Missions/ Posts abroad and during high level visits takes up and pursues grant of amnesty/ commutation of sentences of Indian prisoners in foreign countries. Since May 2014 to present, a total of 6405 Indian nationals have been either pardoned or their term of sentence has been reduced by foreign Governments.

(e) The Government attaches the highest priority to the safety, security and well-being   of   Indians   in   foreign   countries,   including   those   in   the foreign jails.  Indian Missions / Posts abroad remain vigilant and closely

monitor   the   incidents   of   Indian   nationals   being   put   in   jail   in   foreign countries for violation of local laws or alleged violation of local laws. Apart from extending them all possible consular assistance, Indian Missions and Posts also assist in providing legal aid wherever needed.   Missions and Posts also maintain a local panel of lawyers where Indian community is in sizeable numbers.

(f) & (g) There is a regular process of consultation and coordination with countries concerned on the issue of repatriation of Indian nationals in foreign   prisons   including   in   the   context   of   bilateral   agreements   for Transfer   of   Sentenced   Persons   (TSP). India   has   signed   T ransfer   of Sentenced Persons Agreement with 31 countries. India has also acceded to/ ratified the multilateral Inter-American Convention on Serving Criminal Sentences Abroad in May 2014 and the multilateral Council of Europe Convention on Transfer of Sentenced Persons in January 2018. By virtue of the   bilateral   agreements   and   accession   to   multilateral   conventions, sentenced persons from these countries can be transferred to India and vice-versa. Since 2010 till June 2019, total 58 Indian prisoners have been transferred to India.

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## ANNEXURE

| S. No.   | Name of Country     | Total number of Indians in foreign jails (convicts& under trials)   | Sex-wise                     | Offence-wise                                                                                                                                                  |
|----------|---------------------|---------------------------------------------------------------------|------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 1        | Armenia             | 9                                                                   | N/A                          | N/A                                                                                                                                                           |
| 2        | Austria             | 5                                                                   | N/A                          | Murder                                                                                                                                                        |
| 3        | Australia           | 78                                                                  | N/A                          | etc. Sexual offence, armed robbery, stalking, murder, drugs etc.                                                                                              |
| 4        | Azerbaijan          | 3                                                                   | N/A                          | N/A                                                                                                                                                           |
| 5        | Bahrain             | 134                                                                 | N/A                          | Theft, bribe, alcohol consumption, financial fraud etc.                                                                                                       |
| 6        | Belarus             | 1                                                                   | 1 - Male                     | Human trafficking etc.                                                                                                                                        |
| 7        | Bangladesh          | 58                                                                  | 30 - Male 4 -Female 24 - N/A | Narcotics act, Arms act, smuggling, illegal entry, human trafficking etc.                                                                                     |
| 8        | Belgium             | 12                                                                  | 12 - Male                    | Various criminal offences etc.                                                                                                                                |
| 9        | Bhutan              | 53                                                                  | 51-Male 2-Female             | Drugs, Robbery, counterfeiting etc.                                                                                                                           |
| 10       | Brazil              | 2                                                                   | 2-Male                       | Illegal entry etc.                                                                                                                                            |
| 11       | Brunei              | 1                                                                   | N/A                          | Murder                                                                                                                                                        |
| 12       | Cambodia            | 3                                                                   | 3 - Male                     | Drug trafficking, sexual offence,ATM fraud case etc.                                                                                                          |
| 13       | Canada              | 70                                                                  | N/A                          | Murder, Sexual interference etc.                                                                                                                              |
| 14       | China               | 270                                                                 | 229 - Male 13 - Female       | Drug smuggling, Murder, theft, contract forgery etc.                                                                                                          |
| 15 16    | Colombia Congo      | 5 4                                                                 | N/A N/A                      | N/A N/A                                                                                                                                                       |
| 17       | Cote D' Ivoire      | 1                                                                   | 1 - Male                     | Commercial                                                                                                                                                    |
| 18       | Cuba                | 1                                                                   | 1 - Male                     | dispute drug trafficking                                                                                                                                      |
| 19       | Cyprus              | 11                                                                  | N/A                          | Murder, Drugs smuggling/possession, physical assault, culpable homicide, traffic accident, burglary, sexual abuse, attempt to murder, drink and driving, etc. |
| 20       | Denmark             | 5                                                                   | 5 - Male                     | Illegal stay &Murder etc.                                                                                                                                     |
| 21       | Egypt               | 2                                                                   | 1 - Male                     | Drug trafficking                                                                                                                                              |
| 22       | Fiji                | 1                                                                   | 1 - Female                   | Drugs                                                                                                                                                         |
| 23       | Finland             | 1                                                                   | N/A                          | NA                                                                                                                                                            |
| 24       | France              | 38                                                                  | 11 - Male 1 - Female 26-N/A  | Attempt to murder, murder, sexual abuse, boarder crossing and fighting with the employer, etc.                                                                |
| 25       | Germany             | 59                                                                  | N/A                          | NA                                                                                                                                                            |
| 26       | Ghana               | 1                                                                   | 1 - Male                     | Misappropriation of funds                                                                                                                                     |
| 27       | Guatemala           | 2                                                                   | 2 - Male                     | N/A                                                                                                                                                           |
| 28       | Hungary             | 3                                                                   | N/A                          | forged visa etc.                                                                                                                                              |
| 29       | Indonesia           | 19                                                                  | 17 - Male 2 - Female         | Narcotics etc.                                                                                                                                                |
| 30       | Iran                | 18                                                                  | N/A                          | Oil smuggling etc.                                                                                                                                            |
| 31       | Iraq                | 4                                                                   | 4 - Male                     | fake travel document, drug smuggling and impersonation etc.                                                                                                   |
| 32       | Israel              | 7                                                                   | 4 - Male 3 - Female          | Murder and visa violation etc.                                                                                                                                |
| 33       | Italy               | 242                                                                 | N/A                          | NA                                                                                                                                                            |
| 34       | Japan               | 7                                                                   | 7 - Male                     | Murder cum robbery, narcotics, murder etc.                                                                                                                    |
| 35       | Jordan              | 25                                                                  | N/A                          | Murder, kidnapping, drug abuse, etc. etc.                                                                                                                     |
| 36       | Korea (Republic of) | 3                                                                   | 3 - Male                     | fake passport and unfair trade practices                                                                                                                      |
| 37       | Kuwait              | 511                                                                 | N/A                          | Murder, drug charges etc.                                                                                                                                     |
| 38       | Kyrgyzstan          | 2                                                                   | 2 - Male                     | Economic offence and forging educational documents etc.                                                                                                       |
| 39       | Lao PDR             | 2                                                                   | N/A                          | Human trafficking and cheating case etc.                                                                                                                      |
| 40       | Lebanon             | 5                                                                   | 5 - Male                     | Murder and kidnapping etc.                                                                                                                                    |
| 41       | Madagascar          | 15                                                                  | N/A                          | N/A                                                                                                                                                           |
| 42       | Malaysia            | 576                                                                 | N/A                          | Drug smuggling, immigration violation, murder, rape etc.                                                                                                      |

|   43 | Maldives                 |   14 | 14 - Male                     | Drug trafficking etc.                                                                       |
|------|--------------------------|------|-------------------------------|---------------------------------------------------------------------------------------------|
|   44 | Malta                    |    1 | N/A                           | N/A                                                                                         |
|   45 | Mauritius                |    4 | 4 - Male                      | Drug smuggling etc.                                                                         |
|   46 | Mexico                   |    2 | N/A                           | N/A                                                                                         |
|   47 | Mozambique               |    6 | 6 - Male                      | Kidnapping etc.                                                                             |
|   48 | Myanmar                  |   61 | N/A                           | Immigration offence etc.                                                                    |
|   49 | Nepal                    | 1160 | N/A                           | Murder, rape, drugs and arms smuggling, robbery, kidnapping, organized crime etc.           |
|   50 | Netherlands              |    1 | N/A                           | Murder                                                                                      |
|   51 | New Zealand              |   13 | N/A                           | NA                                                                                          |
|   52 | Nigeria                  |    1 | 1 - Male                      | Oil smuggling                                                                               |
|   53 | Oman                     |  101 | N/A                           | Drugs smuggling, oil smuggling and fight with employers etc.                                |
|   54 | Pakistan                 |   48 | N/A                           | Illegal stay and illegal boarder crossing etc.                                              |
|   55 | Panama                   |    1 | 1 - Male                      | Human trafficking                                                                           |
|   56 | Phillipines              |   34 | N/A                           | Kidnapping, murder, narcotics etc.                                                          |
|   57 | Poland                   |    5 | 5 - Male                      | sexual abuse, murder etc.                                                                   |
|   58 | Portugal                 |    5 | Male-5                        | Murder, drug trafficking etc.                                                               |
|   59 | Qatar                    |  257 | 205 - Male 7 - Female 45 - NA | Check bounced, drug trafficking, murder, bribery etc.                                       |
|   60 | Russian Federation       |    6 | 6 - Male                      | drugs smuggling, financial fraud, selling fake drugs, illegal boarder crossing, murder etc. |
|   61 | Saudi Arabia             | 1811 | N/A                           | Alcohol, Accident, Bribery, cheating, drugs, Murder, Kidnapping etc.                        |
|   62 | Singapore                |  111 | 97 - Male 4 - Female 10 - N/A | Commercial crime, drug offence, property dispute, traffic offence etc.                      |
|   63 | Slovenia                 |    2 | N/A                           | N/A                                                                                         |
|   64 | South Africa             |    6 | 6 - Male                      | Economic offence, murder and sexual offences etc.                                           |
|   65 | Spain                    |   21 | N/A                           | N/A                                                                                         |
|   66 | Sri Lanka                |  111 | 71 - Male 1 - Female 39-N/A   | Drug and gold smuggling, human trafficking, visa violation and IT fraud etc.                |
|   67 | Sweden                   |    2 | N/A                           | N/A                                                                                         |
|   68 | Tanzania                 |    1 | 1 - Male                      | Murder                                                                                      |
|   69 | Thailand                 |   44 | N/A                           | NA                                                                                          |
|   70 | Turkey                   |    2 | 2 - Male                      | Kidnapping, terrorism etc.                                                                  |
|   71 | Uganda                   |    1 | 1 - Male                      | Embezzlement of funds                                                                       |
|   72 | United Arab Emirates     | 1392 | N/A                           | Murder, Drugs, Alcohol, Cheque bounced, financial frauds etc.                               |
|   73 | United Kingdom           |    6 | N/A                           | NA                                                                                          |
|   74 | United States of America |  689 | N/A                           | Illegal stay and various crimes etc.                                                        |
|   75 | Vietnam                  |    1 | 1 - Male                      | Robbery                                                                                     |
|   76 | Total                    | 8189 |                               |                                                                                             |

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