Lok Sabha Question No. 139 (STARRED), answered on 2023-07-28
Subject: MoU for Exchange of Prisoners
Ministry: EXTERNAL AFFAIRS
Asked by: Vijayakumar (alias) Vijay Vasanth

## GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS

## LOK SABHA STARRED QUESTION NO. 139 TO BE ANSWERED ON 28.07.2023

## MoU FOR EXCHANGE OF PRISONERS

## *139.     SHRI VIJAYAKUMAR (ALIAS) VIJAY VASANTH:

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

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

(b) the steps taken/being taken by the Government for the release of Indian prisoners languishing in Jails abroad and the outcome thereof;

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

(d) the measures taken/being taken by the Government to sign extradition treaties with those foreign countries with whom India has not signed the extradition treaty so far?

## ANSWER

## THE MINISTER OF EXTERNAL AFFAIRS

## (DR. SUBRAHMANYAM JAISHANKAR )

(a to d):  A statement is laid on the Table of the House.

STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (d) OF THE LOK SABHA STARRED QUESTION NO. *139, REGARDING 'MoU FOR EXCHANGE OF PRISONERS' FOR ANSWER ON 28.07.2023

As per the information available with the Ministry, the number of Indian prisoners, including undertrials, in foreign prisons at present is 8330.  Country-wise list is given 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.

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.

Apart from extending all possible consular assistance to Indians imprisoned abroad, Indian Missions and Posts also assist in providing legal aid wherever needed and approach the law enforcement agencies to complete the investigation and judicial proceedings at the earliest possible. 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 Government also follows up the issue of release and repatriation of Indian nationals in foreign prisons during consular and other consultations with concerned 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. As per the available information shared by our Missions/Posts abroad, since 2014, a total of 4597 Indian nationals have received pardon or reduction of their sentences by foreign Governments due to sustained efforts by Indian Government through various channels. However, some countries grant pardon or reduction of sentence to inmates of various nationalities from time to time but do not share the data with concerned countries.

2

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 Inter-American   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. From 2006 till   January   2022,   86   prisoners   were   transferred   under   Transfer   of Sentenced Persons, which included 75 Indian prisoners transferred to India and 11 foreign prisoners transferred to their respective countries. 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 with 12 countries (Annexure 'B').

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## Annexure 'A'

|   Sl. No. | Country           |   Number of Indian prisoners, including undertri- als, in foreign prisons |
|-----------|-------------------|---------------------------------------------------------------------------|
|         1 | Albania           |                                                                         1 |
|         2 | Algeria           |                                                                         1 |
|         3 | Angola            |                                                                         1 |
|         4 | Argentina         |                                                                         1 |
|         5 | Armenia           |                                                                        10 |
|         6 | Australia         |                                                                        74 |
|         7 | Austria           |                                                                         8 |
|         8 | Azerbaijan        |                                                                         3 |
|         9 | Bahrain           |                                                                       277 |
|        10 | Bangladesh        |                                                                        60 |
|        11 | Belarus           |                                                                        12 |
|        12 | Belgium           |                                                                        10 |
|        13 | Bhutan            |                                                                        57 |
|        14 | Brunei Darussalam |                                                                         4 |
|        15 | Bulgaria          |                                                                         3 |
|        16 | Cambodia          |                                                                         2 |
|        17 | Canada            |                                                                        23 |
|        18 | Chile             |                                                                         1 |
|        19 | China             |                                                                       178 |
|        20 | Congo (Kinshasa)  |                                                                        13 |
|        21 | Côte d'Ivoire     |                                                                         8 |
|        22 | Cuba              |                                                                         1 |
|        23 | Cyprus            |                                                                        51 |
|        24 | Denmark           |                                                                         3 |
|        25 | Egypt             |                                                                         1 |
|        26 | Ethiopia          |                                                                         1 |
|        27 | France            |                                                                        40 |
|        28 | Germany           |                                                                        77 |
|        29 | Greece            |                                                                        23 |
|        30 | Hungary           |                                                                         2 |
|        31 | Indonesia         |                                                                        21 |
|        32 | Iran              |                                                                        17 |
|        33 | Israel            |                                                                         8 |
|        34 | Italy             |                                                                       157 |
|        35 | Jamaica           |                                                                         1 |

|   36 | Japan             |    6 |
|------|-------------------|------|
|   37 | Jordan            |   30 |
|   38 | Kenya             |    3 |
|   39 | Kuwait            |  446 |
|   40 | Kyrgyzstan        |    1 |
|   41 | Laos              |    3 |
|   42 | Lebanon           |    6 |
|   43 | Libya             |   16 |
|   44 | Madagascar        |    3 |
|   45 | Malawi            |    1 |
|   46 | Malaysia          |  341 |
|   47 | Maldives          |   10 |
|   48 | Malta             |    1 |
|   49 | Mauritius         |    9 |
|   50 | Mexico            |    1 |
|   51 | Morocco           |    1 |
|   52 | Mozambique        |    6 |
|   53 | Myanmar           |   26 |
|   54 | Namibia           |    2 |
|   55 | Nepal             | 1222 |
|   56 | New Zealand       |   11 |
|   57 | Nigeria           |    4 |
|   58 | Oman              |  139 |
|   59 | Pakistan          |  308 |
|   60 | Philippines       |   35 |
|   61 | Poland            |   15 |
|   62 | Portugal          |   10 |
|   63 | Qatar             |  696 |
|   64 | Republic of Korea |    1 |
|   65 | Romania           |    3 |
|   66 | Russia            |   17 |
|   67 | Rwanda            |    2 |
|   68 | Saudi Arabia      | 1461 |
|   69 | Senegal           |    4 |
|   70 | Serbia            |    3 |
|   71 | Singapore         |   71 |
|   72 | Slovakia          |    1 |
|   73 | South Africa      |    4 |
|   74 | South Sudan       |    1 |

| 75   | Spain                |   30 |
|------|----------------------|------|
| 76   | Sri Lanka            |   20 |
| 77   | Sweden               |    1 |
| 78   | Switzerland          |    1 |
| 79   | Tanzania             |    3 |
| 80   | Thailand             |   36 |
| 81   | Togo                 |    2 |
| 82   | Trinidad and Tobago  |    2 |
| 83   | Uganda               |    2 |
| 84   | United Arab Emirates | 1611 |
| 85   | United Kingdom       |  249 |
| 86   | USA                  |  294 |
| 87   | Uzbekistan           |    2 |
| 88   | Vietnam              |    3 |
| 89   | Yemen                |    1 |
| 90   | Zimbabwe             |    3 |
|      | Total                | 8330 |

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| Countries with which India has signed Extradition Treaties                                                | Countries with which India has signed Extradition Treaties                                                | Countries with which India has signed Extradition Treaties                                                | Countries with which India has signed Extradition Treaties                                                | Countries with which India has signed Extradition Treaties                                                | Countries with which India has signed Extradition Treaties                                                |
|-----------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------|
| 1                                                                                                         | Afghanistan                                                                                               | 18                                                                                                        | Iran                                                                                                      | 35                                                                                                        | Russia                                                                                                    |
| 2                                                                                                         | Australia                                                                                                 | 19                                                                                                        | Israel                                                                                                    | 36                                                                                                        | Saudi Arabia                                                                                              |
| 3                                                                                                         | Azerbaijan                                                                                                | 20                                                                                                        | Kaza- khstan*                                                                                             | 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 | * Yet to be ratified by foreign country concerned Countries with which India has Extradition Arrangements | * Yet to be ratified by foreign country concerned Countries with which India has Extradition Arrangements | * Yet to be ratified by foreign country concerned Countries with which India has Extradition Arrangements | * Yet to be ratified by foreign country concerned Countries with which India has Extradition Arrangements | * 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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