Lok Sabha Question No. 984 (UNSTARRED), answered on 2023-12-08
Subject: Indians in Foreign Jails
Ministry: EXTERNAL AFFAIRS
Asked by: Umesh G. Jadhav

## GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS

ANSWERED ON- 08/12/2023

## LOK SABHA UNSTARRED QUESTION NO-984

## INDIANS IN FOREIGN JAILS

## 984. DR. UMESH G. JADHAV

Will the Minister of EXTERNAL AFFAIRS be pleased to state :-

(a) the total number of Indians including fishermen and civilians languishing in jails in foreign countries as on date, country-wise;

(b) the steps taken/being taken by the Government to extend help and ensure release of Indian prisoners languishing in foreign jails along with the outcome thereof;

(c) whether the Government has signed MoU/agreement with any foreign country for bilateral exchange of prisoners and if so, the details thereof; and

(d) the measures taken by the Government to sign extradition treaties with those foreign countries with whom India has not signed the extradition treaty till date?

## ANSWER

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

## (SHRI V. MURALEEDHARAN)

(a) As per the information available with the Ministry, the number of Indian prisoners, including undertrials, in foreign prisons at present is 9521. Country-wise list is placed at Annexure 'A'. 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 foreign nationals imprisoned.

(b) 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/ alleged violation of local laws.

As soon as the information about the detention/arrest of an Indian national is received by an Indian   Mission/Post,   it   immediately   gets   in   touch   with   the   local   Foreign   Office   and   other concerned local authorities to get consular access to the detained/arrested Indian national to ascertain the facts of the case, confirm his or her Indian nationality and ensure his or her welfare. Missions/Posts remain vigilant to ensure that rights of the Indian prisoners in foreign jails are protected.

Apart from extending all possible   consular   assistance   to   Indians   imprisoned   abroad,   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. No fee is charged from any Indian prisoner for extending facilities by the Indian Embassy concerned. The Indian Community Welfare Fund (ICWF) is set up in Indian Missions & Posts abroad for assisting

overseas Indian nationals in distress situations on a means tested basis in deserving cases. The support extended under ICWF includes financial assistance to Indian prisoners for legal aid as well as travel documents / air tickets during repatriation. The issue of release and repatriation of Indian nationals in foreign prisons is regularly pursued by Indian Missions and Posts abroad with the local authorities concerned. Missions/Posts abroad also approach the law enforcement agencies to complete the investigation and judicial proceedings at the  earliest   possible.   The   Government   also   follows   up   this   issue   during   consular   and   other consultations with other countries. In addition, the Government, through its Missions/Posts abroad and during high level visits, also takes up and pursues grant of amnesty/commutation of sentences of Indian prisoners in foreign countries. (c) India has signed Agreement on Transfer of Sentenced Persons (TSP) with 31 countries. Under the provisions of TSP, Indian prisoners lodged in foreign countries can be transferred to India to serve the remainder of their sentence and vice-versa. 31 countries with which India has signed the Agreements on Transfer of Sentenced Persons are Australia, Bahrain, Bangladesh, Bosnia & Herzegovina, Brazil, Bulgaria, Cambodia, Egypt, Estonia, France, Hong Kong, Iran, Israel, Italy, Kazakhstan,   Korea,   Kuwait,   Maldives,   Mauritius,   Mongolia,   Qatar,   Russia,   Saudi   Arabia, Somalia, Spain, Sri Lanka, Thailand, Turkey, United Arab Emirates (UAE), United Kingdom and Vietnam. India has also signed two multilateral conventions on transfer of sentenced persons, namely InterAmerican Convention on Serving Criminal Sentences Abroad and Council of Europe Convention on Transfer of Sentenced Persons, by virtue of which sentenced persons of member States and other countries which have acceded to these conventions can seek transfer to their native countries to serve the remainder of their sentence. (d) The Ministry of External Affairs is the Nodal Ministry for extradition matters and for the implementation of the Extradition Act, 1962 which regulates extradition of fugitive criminals from India. Generally any offence which is punishable with an imprisonment of one year or a more severe penalty is an extraditable offence. Fugitives can be extradited pursuant to a bilateral extradition treaty or arrangement or an applicable international convention. Till date, India has signed extradition treaties with 50 countries and has extradition arrangements

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with 12 countries. (Annexure 'B')

Annexure 'A'

|   Sl. No. | Country           |   Number of Indian prisoners, including undertrials, in foreign prisons |
|-----------|-------------------|-------------------------------------------------------------------------|
|         1 | Algeria           |                                                                       1 |
|         2 | Angola            |                                                                       1 |
|         3 | Argentina         |                                                                       1 |
|         4 | Armenia           |                                                                      11 |
|         5 | Australia         |                                                                      65 |
|         6 | Austria           |                                                                       8 |
|         7 | Azerbaijan        |                                                                       5 |
|         8 | Bahrain           |                                                                     310 |
|         9 | Bangladesh        |                                                                      47 |
|        10 | Belarus           |                                                                       1 |
|        11 | Belgium           |                                                                      10 |
|        12 | Bhutan            |                                                                      59 |
|        13 | Brunei Darussalam |                                                                       1 |
|        14 | Bulgaria          |                                                                       3 |
|        15 | Cambodia          |                                                                       1 |
|        16 | Canada            |                                                                      23 |
|        17 | Chile             |                                                                       1 |
|        18 | China             |                                                                     180 |
|        19 | Congo (Kinshasa)  |                                                                       1 |
|        20 | Côte d'Ivoire     |                                                                       7 |
|        21 | Cuba              |                                                                       1 |
|        22 | Cyprus            |                                                                      51 |
|        23 | Czech Republic    |                                                                       1 |
|        24 | Denmark           |                                                                       5 |
|        25 | Egypt             |                                                                       1 |
|        26 | Ethiopia          |                                                                       1 |
|        27 | France            |                                                                      40 |
|        28 | Georgia           |                                                                      15 |
|        29 | Germany           |                                                                      77 |
|        30 | Greece            |                                                                      23 |
|        31 | Guatemala         |                                                                       1 |
|        32 | Hungary           |                                                                       2 |
|        33 | Indonesia         |                                                                      22 |
|        34 | Iran              |                                                                       3 |
|        35 | Israel            |                                                                       5 |
|        36 | Italy             |                                                                     165 |
|        37 | Jamaica           |                                                                       1 |
|        38 | Japan             |                                                                       4 |
|        39 | Jordan            |                                                                      35 |
|        40 | Kenya             |                                                                       2 |
|        41 | Kuwait            |                                                                     410 |
|        42 | Kyrgyzstan        |                                                                       2 |
|        43 | Laos              |                                                                       3 |
|        44 | Lebanon           |                                                                       6 |

| 45   | Madagascar           |    2 |
|------|----------------------|------|
| 46   | Malawi               |    1 |
| 47   | Malaysia             |  309 |
| 48   | Maldives             |   12 |
| 49   | Malta                |    2 |
| 50   | Mauritius            |    9 |
| 51   | Mexico               |    1 |
| 52   | Mozambique           |    6 |
| 53   | Myanmar              |   24 |
| 54   | Namibia              |    1 |
| 55   | Nepal                | 1227 |
| 56   | New Zealand          |   11 |
| 57   | Nigeria              |    2 |
| 58   | Oman                 |  135 |
| 59   | Pakistan             |  308 |
| 60   | Philippines          |   34 |
| 61   | Poland               |    7 |
| 62   | Portugal             |   10 |
| 63   | Qatar                |  752 |
| 64   | Republic of Ireland  |    5 |
| 65   | Republic of Korea    |    3 |
| 66   | Romania              |    2 |
| 67   | Russia               |   37 |
| 68   | Rwanda               |    2 |
| 69   | Saudi Arabia         | 2200 |
| 70   | Senegal              |    4 |
| 71   | Serbia               |    2 |
| 72   | Singapore            |   86 |
| 73   | South Africa         |    1 |
| 74   | Spain                |   30 |
| 75   | Sri Lanka            |   23 |
| 76   | Switzerland          |    2 |
| 77   | Tajikistan           |    1 |
| 78   | Tanzania             |    3 |
| 79   | Thailand             |   40 |
| 80   | Togo                 |    2 |
| 81   | Trinidad and Tobago  |    2 |
| 82   | United Arab Emirates | 2143 |
| 83   | United Kingdom       |  278 |
| 84   | USA                  |  170 |
| 85   | Uzbekistan           |    2 |
| 86   | Venezuela            |   12 |
| 87   | Vietnam              |    3 |
| 88   | Yemen                |    1 |
| 89   | Zimbabwe             |    2 |
|      | Total                | 9521 |

## Annexure 'B'

Countries with which India has signed Extradition Treaties

|   1 | Afghanistan   |   18 | Iran        | 35   | Russia         |
|-----|---------------|------|-------------|------|----------------|
|   2 | Australia     |   19 | Israel      | 36   | Saudi Arabia   |
|   3 | Azerbaijan    |   20 | Kazakhstan* | 37   | South Africa   |
|   4 | Bahrain       |   21 | Kuwait      | 38   | South Korea    |
|   5 | Bangladesh    |   22 | Lithuania   | 39   | Spain          |
|   6 | Belarus       |   23 | Malawi      | 40   | Switzerland    |
|   7 | Belgium       |   24 | Malaysia    | 41   | Tajikistan     |
|   8 | Bhutan        |   25 | Mauritius   | 42   | Thailand       |
|   9 | Brazil        |   26 | Mexico      | 43   | Tunisia        |
|  10 | Bulgaria      |   27 | Mongolia    | 44   | Turkey         |
|  11 | Canada        |   28 | Morocco*    | 45   | UAE            |
|  12 | Chile         |   29 | Nepal       | 46   | Ukraine        |
|  13 | Egypt         |   30 | Netherlands | 47   | United Kingdom |
|  14 | France        |   31 | Oman        | 48   | USA            |
|  15 | Germany       |   32 | Philippines | 49   | Uzbekistan     |
|  16 | Hong Kong     |   33 | Poland      | 50   | Vietnam        |
|  17 | Indonesia     |   34 | Portugal    |      |                |

* Yet to be ratified by foreign country concerned Countries with which India has Extradition Arrangements

|   1 | Croatia          |   5 | Peru      |   9 | Tanzania         |
|-----|------------------|-----|-----------|-----|------------------|
|   2 | Fiji             |   6 | Singapore |  10 | Antigua &Barbuda |
|   3 | Italy            |   7 | Sri Lanka |  11 | Armenia          |
|   4 | Papua New Guinea |   8 | Sweden    |  12 | New Zealand      |

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