Lok Sabha Question No. 2015 (UNSTARRED), answered on 2024-08-02
Subject: Indian Convicts in Foreign Prisons
Ministry: EXTERNAL AFFAIRS
Asked by: Shri Kodikunnil Suresh

## GOVERNMENT OF INDIA

## MINISTRY OF EXTERNAL AFFAIRS LOK SABHA

## UNSTARRED QUESTION NO-2015

## ANSWERED ON- 02/08/2024

## INDIAN CONVICTS IN FOREIGN PRISONS

2015. SHRI KODIKUNNIL SURESH

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

(a) the details of  Indian convicts and under trials 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, if so, the details thereof;

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

(d) the measures taken by Government to effect extradition treaties with foreign countries that are yet to sign a mutual treaty for extradition;

(e) the steps taken/proposed to be taken by the Government for the release of Indian prisoners languishing in foreign jails; and

(f) whether the Government has received any reports indicating 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 KIRTI VARDHAN SINGH)

(a) As per the information available with the Ministry, the number of Indian prisoners, including undertrials, in foreign prisons at present is 9728. 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.

(b) India has signed Agreement on Transfer of Sentenced Persons with 31  countries   by   virtue   of   which   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. No new agreements have been signed by India on Transfer of Sentenced Persons since 2018. 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. (c)   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.

(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 48 countries and has extradition arrangements with 12 countries.

Efforts   are   underway   to   conclude   extradition   treaties   with   more countries,   in   particular,   with   those   having   citizenship   by   investment programmes  or   favorable   permanent   residency   or   passport   regimes through investment route.

(e   &   f)   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. 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.   When   these   imprisoned   Indians   get   released,   they   are facilitated in getting travel documents for early repatriation.

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## Annexure A

|   S. No. | Country           |   Number of Indian prisoners, including undertrials, in foreign prisons |
|----------|-------------------|-------------------------------------------------------------------------|
|        1 | Afghanistan       |                                                                       8 |
|        2 | Angola            |                                                                       4 |
|        3 | Argentina         |                                                                       1 |
|        4 | Armenia           |                                                                      39 |
|        5 | Australia         |                                                                      33 |
|        6 | Austria           |                                                                      11 |
|        7 | Azerbaijan        |                                                                       3 |
|        8 | Bahrain           |                                                                     313 |
|        9 | Bangladesh        |                                                                      12 |
|       10 | Belarus           |                                                                       2 |
|       11 | Belgium           |                                                                      10 |
|       12 | Bhutan            |                                                                      61 |
|       13 | Brunei Darussalam |                                                                       1 |
|       14 | Canada            |                                                                      23 |
|       15 | Chile             |                                                                       1 |
|       16 | China             |                                                                     174 |
|       17 | Congo             |                                                                       9 |
|       18 | Côte d'Ivoire     |                                                                       6 |
|       19 | Cuba              |                                                                       1 |
|       20 | Cyprus            |                                                                      30 |
|       21 | Czech Republic    |                                                                       1 |
|       22 | Denmark           |                                                                       1 |
|       23 | Egypt             |                                                                       2 |
|       24 | Ethiopia          |                                                                       4 |
|       25 | France            |                                                                      41 |
|       26 | Georgia           |                                                                      29 |
|       27 | Germany           |                                                                      80 |
|       28 | Greece            |                                                                      22 |
|       29 | Guatemala         |                                                                       2 |
|       30 | Guinea            |                                                                       1 |

|   31 | Hungary             |    4 |
|------|---------------------|------|
|   32 | Iceland             |    1 |
|   33 | Indonesia           |   23 |
|   34 | Iran                |   51 |
|   35 | Israel              |    7 |
|   36 | Italy               |  154 |
|   37 | Jamaica             |    1 |
|   38 | Japan               |    3 |
|   39 | Jordan              |   12 |
|   40 | Kenya               |    1 |
|   41 | Kuwait              |  386 |
|   42 | Kyrgyzstan          |    3 |
|   43 | Laos                |    3 |
|   44 | Lebanon             |    6 |
|   45 | Malawi              |    1 |
|   46 | Malaysia            |  379 |
|   47 | Maldives            |   11 |
|   48 | Malta               |    2 |
|   49 | Mauritius           |    9 |
|   50 | Mexico              |    1 |
|   51 | Mozambique          |    5 |
|   52 | Myanmar             |   24 |
|   53 | Nepal               | 1282 |
|   54 | Nigeria             |    9 |
|   55 | North Macedonia     |    5 |
|   56 | Oman                |  176 |
|   57 | Pakistan            |   42 |
|   58 | Philippines         |   43 |
|   59 | Poland              |    5 |
|   60 | Qatar               |  588 |
|   61 | Republic of Ireland |    6 |
|   62 | Republic of Korea   |    3 |
|   63 | Russia              |   20 |
|   64 | Saudi Arabia        | 2594 |

| 65   | Senegal              |    6 |
|------|----------------------|------|
| 66   | Serbia               |    2 |
| 67   | Sierra Leone         |    1 |
| 68   | Singapore            |   80 |
| 69   | Slovenia             |    1 |
| 70   | South Africa         |    8 |
| 71   | South Sudan          |    1 |
| 72   | Sri Lanka            |   30 |
| 73   | Tajikistan           |    1 |
| 74   | Tanzania             |    3 |
| 75   | Thailand             |   38 |
| 76   | Togo                 |    2 |
| 77   | Turkey               |    1 |
| 78   | Trinidad and Tobago  |    2 |
| 79   | United Arab Emirates | 2308 |
| 80   | Uganda               |    1 |
| 81   | United Kingdom       |  282 |
| 82   | USA                  |  164 |
| 83   | Uzbekistan           |    5 |
| 84   | Vietnam              |    4 |
| 85   | Yemen                |    1 |
| 86   | Zimbabwe             |    2 |
|      | Total                | 9728 |

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