Lok Sabha Question No. 249 (UNSTARRED), answered on 2023-02-03
Subject: Indian Convicts in Foreign Jails
Ministry: EXTERNAL AFFAIRS
Asked by: Suresh Kodikunnil, Vellalath Kochukrishnan Nair. Sreekandan, Sukanta Majumdar, Raja Amareshwara Naik, Vinod Kumar Sonkar, Rajveer (Raju Bhaiya) Singh, Bhola Singh

## GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS

ANSWERED ON- 03/02/2023

## LOK SABHA UNSTARRED QUESTION NO-249

## INDIAN CONVICTS IN FOREIGN JAILS

## 249. SHRI KODIKUNNIL SURESH SHRI V .K. SREEKANDAN DR. SUKANTA MAJUMDAR SHRI RAJA AMARESHWARA NAIK SHRI VINOD KUMAR SONKAR SHRI RAJVEER SINGH (RAJU BHAIYA) SHRI BHOLA SINGH

Will the Minister of External Affairs be pleased to state :-

(a)   the   details   of   Indian   convicts   and   under   trails   including   civilians,   workers   and   women languishing in jails in foreign countries as on date, country-wise;

(b) whether the Government has signed any MoU or mutual understanding with any foreign country for the mutual exchange of the prisoners and if so, the details thereof;

(c) whether the Government has any proposal to provide legal help and support to prisoners and strengthen legal system in our High Commissions and Embassies abroad, if so, the details thereof;

(d)   the   measures   taken   by   the   Government   to   sign   extradition   treaties   with   those   foreign countries with which India has not signed the extradition treaty so far;

(e) the steps taken/being taken by the Government for the release of Indian prisoners in foreign jails alongwith the outcome thereof; and

(f) whether the Government has received any reports indicating that Indian prisoners and under trials are being abused or subjected to torture, if so, the details thereof and response of the Government thereto?

## 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 under-trials, in foreign prisons at present is 8343. Country-wise list is given at Annexure I. 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 foreigners imprisoned.

(b to f) India has signed Agreements on Transfer of Sentenced Persons (TSP) with 31 countries. List   of   these   31   countries   is   placed   at   Annexure   II.   India   has   also   acceded/ratified   the multilateral Inter-American Convention on Serving Criminal Sentences Abroad and the Council of Europe Convention on Transfer of Sentenced Persons. India has signed extradition treaties with 50 countries and has extradition arrangements with 12 countries.

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 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.

The issue of repatriation of Indian nationals in foreign prisons is regularly pursued by Indian Missions and Posts abroad with the local authorities concerned. 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.

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## ANNEXURE I

| Sl. No.             | Country   | Number of Indians in foreign jails   |
|---------------------|-----------|--------------------------------------|
| 1                   | Argentina | 1 9                                  |
|                     | Armenia   | 2                                    |
| Australia           | 81        | 3                                    |
| Austria             | 8         | 4                                    |
| 5 Azerbaijan        | 4         |                                      |
| 6 Bahrain           | 265       |                                      |
| 7 Bangladesh        | 60        |                                      |
| Belarus             | 2         | 8                                    |
| Belgium             | 7         | 9                                    |
| Bhutan              | 68        | 10                                   |
| Brunei Darussalam   | 3         | 11                                   |
| Bulgaria            | 3         | 12                                   |
| Burkina Faso        | 1         | 13                                   |
| Cambodia            | 1         | 14                                   |
| Canada              | 23        | 15                                   |
| Chile               | 1         | 16                                   |
| China               | 170       | 17                                   |
| Congo (Kinshasa)    | 8         | 18                                   |
| Congo (Brazzaville) | 1         | 19                                   |
| Côte d'Ivoire       | 8         | 20                                   |
| 21 Cuba             | 1         |                                      |
| 22 Cyprus           | 51        |                                      |
| Denmark             | 3         | 23                                   |
| 24 Egypt            | 1         |                                      |
| 25 Fiji             | 1         |                                      |
| 26                  | France    | 29                                   |

|   27 | Germany     |   66 |
|------|-------------|------|
|   28 | Ghana       |    1 |
|   29 | Greece      |   22 |
|   30 | Hungary     |    6 |
|   31 | Indonesia   |   21 |
|   32 | Iran        |   16 |
|   33 | Israel      |    9 |
|   34 | Italy       |  156 |
|   35 | Japan       |    5 |
|   36 | Jordan      |   30 |
|   37 | Kenya       |    3 |
|   38 | Kuwait      |  428 |
|   39 | Kyrgyzstan  |    1 |
|   40 | Laos        |    2 |
|   41 | Lebanon     |    5 |
|   42 | Madagascar  |    3 |
|   43 | Malawi      |    1 |
|   44 | Malaysia    |  606 |
|   45 | Maldives    |   11 |
|   46 | Mauritius   |   10 |
|   47 | Mexico      |    1 |
|   48 | Morocco     |    1 |
|   49 | Mozambique  |    6 |
|   50 | Myanmar     |   21 |
|   51 | Nepal       | 1222 |
|   52 | Nigeria     |   18 |
|   53 | Oman        |   92 |
|   54 | Pakistan    |   51 |
|   55 | Philippines |   35 |

| 56   | Portugal             |   10 |
|------|----------------------|------|
| 57   | Qatar                |  682 |
| 58   | Republic of Korea    |    2 |
| 59   | Romania              |    8 |
| 60   | Russia               |   13 |
| 61   | Rwanda               |    4 |
| 62   | Saudi Arabia         | 1362 |
| 63   | Senegal              |    4 |
| 64   | Serbia               |    4 |
| 65   | Singapore            |   71 |
| 66   | Slovakia             |    1 |
| 67   | South Africa         |    6 |
| 68   | South Sudan          |    1 |
| 69   | Spain                |   40 |
| 70   | Sri Lanka            |   22 |
| 71   | Sweden               |    2 |
| 72   | Tanzania             |    3 |
| 73   | Thailand             |   21 |
| 74   | Togo                 |    2 |
| 75   | Uganda               |    2 |
| 76   | United Arab Emirates | 1926 |
| 77   | United Kingdom       |  226 |
| 78   | USA                  |  264 |
| 79   | Uzbekistan           |    1 |
| 80   | Vietnam              |    3 |
| 81   | Yemen                |    1 |
| 82   | Zimbabwe             |    3 |
|      | Total                | 8343 |

## Countries with which India has signed Agreements on Transfer of Sentenced Persons (TSP)

|   S.No. | COUNTRY                |
|---------|------------------------|
|       1 | Australia              |
|       2 | Bahrain                |
|       3 | Bangladesh             |
|       4 | Bosnia and Herzegovina |
|       5 | Brazil                 |
|       6 | Bulgaria               |
|       7 | Cambodia               |
|       8 | Egypt                  |
|       9 | Estonia                |
|      10 | France                 |
|      11 | Hong Kong              |
|      12 | Iran                   |
|      13 | Israel                 |
|      14 | Italy                  |
|      15 | Kazakhstan             |
|      16 | Korea                  |
|      17 | Kuwait                 |
|      18 | Maldives               |
|      19 | Mauritius              |
|      20 | Mongolia               |
|      21 | Qatar                  |
|      22 | Russia                 |
|      23 | Saudi Arabia           |
|      24 | Somalia                |
|      25 | Spain                  |

## ANNEXURE II

|   26 | Sri Lanka                                           |
|------|-----------------------------------------------------|
|   27 | Thailand                                            |
|   28 | Turkey                                              |
|   29 | United Arab Emirates (UAE)                          |
|   30 | United Kingdom of Great Britain and Northern Island |
|   31 | Vietnam                                             |

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