Lok Sabha Question No. 543 (UNSTARRED), answered on 2016-07-20
Subject: Indians in Foreign Jails
Ministry: EXTERNAL AFFAIRS
Asked by: R.P. MARUTHARAJAA, VIJAY KUMAR HANSDAK, BHARAT SINGH, RAMESH CHANDER KAUSHIK, KIRIT SOMAIYA, PRAHLAD SINGH PATEL, GOPAL CHINAYYA SHETTY, PARAYAMPARANBIL KUTTAPPAN BIJU

## GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.543 TO BE ANSWERED ON 20.07.2016

## INDIANS IN FOREIGN JAILS

543. SHRI R. P. MARUTHARAJAA: SHRI VIJAY KUMAR HANSDAK: SHRI BHARAT SINGH: SHRI RAMESH CHANDER KAUSHIK: DR. KIRIT SOMAIYA: SHRI PRAHLAD SINGH PATEL: SHRI GOPAL SHETTY: SHRI P.K. BIJU:

Will the Minister of EXTERNAL AFFAIRS be pleased to state:

- (a) the  details  of  Indian  prisoners  languishing  in  foreign  jails, especially in Pakistan and the offence committed by them;
- (b) whether several Indian citizens are still in foreign prisons even after  the  completion  of  their  sentence  and  if  so,  the  details thereof, country-wise;
- (c) whether inhuman treatment is meted out to Indian prisoners in jails;
- (d) if  so,  the  details  thereof  and  the  incidents  that  came  to  light during the last three years including the measures taken by the Government in this regard;
- (e) the  details  of  help  provided  by  the  Government  to  Indian prisoners jailed abroad; and
- (f) whether the Government has taken any step to bring them back to the country and if so, the details thereof?

## ANSWER

THE MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS [GEN. (DR) V. K. SINGH (RETD)]

- (a) & (b) Due  to  the  strict  provisions  of  privacy  laws,  the  United States of America, Canada, Australia and many countries in Europe do

not share information about Indian nationals in their prisons. However,  as  per  information  available,  6567  Indian  nationals  are lodged  in  foreign  jails.  354  of  these  prisoners  have  completed  their sentences and are awaiting release and repatriation. A list showing country-wise details is attached at Annexure. (c) to (f) The Government is not aware of any inhuman treatment meted out to Indian prisoners in foreign prisons. As soon as the information about detention/arrest of an Indian national is received by an Indian Mission/Post, it gets in touch with the local Foreign Office and other concerned local authorities to get consular  access  to  the  detained/arrested  Indian  national  to  confirm his Indian nationality and ensure his welfare. In some countries where pro bono lawyers are available, the Mission arranges legal assistance to the Indian prisoners. Government of India also provides initial legal assistance to distressed Indian nationals in deserving cases. Steps taken by our Missions include requesting local authorities for speedy trials, seeking remission of sentence, providing advice and guidance  in  legal  and  other  matters,  ensuring  fair  and  humane treatment in foreign jails, issue of emergency  certificates  and repatriation to India of those who are released. In some countries, our Mission also requests the local government for grant of amnesty to the  arrested  Indians  and  if  any  mercy  petition  for  remission  of sentences  is received from the family  members  of  the Indian prisoners,  the  Mission  forwards  them  to  the  local  authorities  for consideration.  India  has  signed  Treaties  for  Transfer  of  Sentenced Persons  with  42  countries,  under  which  Indian  prisoners  have  been brought back to India from some of these countries. In those cases where Indian nationals complete their sentences and  are  waiting  for  completion  of  deportation  formalities,  Indian Missions  and  Posts  in  those  countries  take  up  with  the  respective foreign governments the speeding up of the process, including issue of  final  Exit  Visas,  waiver  of  penalties  imposed  on  Indian  workers, etc.  from  the  concerned  authorities  and  for  the  early  return  of  the Indian  nationals  to  India.  Where  required,  the  Indian  Missions  and Posts  abroad  also  provide  airfares  for  facilitating  the  return  of  the

Indian prisoners who have completed their sentences, to India.

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## Annexure

| COUNTRY           |   TOTAL INDIAN PRISONERS | NUMBER OF PRISONERS COMPLETED SENTENCES   |
|-------------------|--------------------------|-------------------------------------------|
| Afghanistan       |                        1 |                                           |
| Angola            |                        2 |                                           |
| Armenia           |                        4 |                                           |
| Australia         |                       55 |                                           |
| Austria           |                        5 |                                           |
| Azerbaijan        |                        1 |                                           |
| Bahrain           |                      235 | 45                                        |
| Bangladesh        |                      130 | 61                                        |
| Belgium           |                       25 |                                           |
| Bhutan            |                       61 |                                           |
| Brunei Darussalam |                        2 |                                           |
| Cambodia          |                        4 |                                           |
| Canada            |                       18 |                                           |
| China             |                      105 | 1                                         |
| Colombia          |                        9 |                                           |
| Cuba              |                        2 |                                           |
| Cyprus            |                        6 |                                           |
| Denmark           |                       18 |                                           |
| Egypt             |                        5 |                                           |
| Fiji              |                        2 |                                           |
| France            |                       13 |                                           |
| Germany           |                        5 |                                           |
| Ghana             |                       11 |                                           |
| Guatemala         |                        5 |                                           |
| Indonesia         |                       49 |                                           |
| Iran              |                       35 |                                           |
| Iraq              |                        2 |                                           |
| Ireland           |                        1 |                                           |
| Israel            |                        4 |                                           |
| Italy             |                       39 |                                           |
| Japan             |                        6 |                                           |
| Jordan            |                        9 |                                           |
| Kenya             |                        2 |                                           |
| Kuwait            |                      325 |                                           |
| Kyrgyzstan        |                        1 |                                           |
| Lebanon           |                        8 |                                           |
| Madagascar        |                        3 |                                           |
| Malaysia          |                      293 |                                           |
| Maldives          |                       26 |                                           |
| Mauritius         |                       19 |                                           |

| Myanmar              |   71 | 5   |
|----------------------|------|-----|
| Nepal                |  614 |     |
| Netherlands          |   17 |     |
| New Zealand          |   10 |     |
| Niger                |    1 |     |
| Nigeria              |   13 |     |
| Oman                 |  103 |     |
| Pakistan             |  518 | 232 |
| Panama               |    3 |     |
| Philippines          |   12 |     |
| Poland               |    2 |     |
| Portugal             |    3 |     |
| Qatar                |   87 |     |
| Republic of Korea    |    2 |     |
| Romania              |    2 |     |
| Russian Federation   |    6 |     |
| Saudi Arabia         | 1896 |     |
| Senegal              |    1 |     |
| Seychelles           |    1 |     |
| Singapore            |  147 |     |
| South Africa         |    8 |     |
| Spain                |   21 |     |
| Sri Lanka            |   39 |     |
| Suriname             |    2 |     |
| Tanzania             |    1 |     |
| Thailand             |   64 |     |
| Uganda               |    2 |     |
| Ukraine              |    2 |     |
| United Arab Emirates |  764 | 10  |
| United Kingdom       |    4 |     |
| USA                  |  595 |     |
| Uzbekistan           |    1 |     |
| Yemen                |    3 |     |
| Zambia               |    1 |     |
| Grand Total          | 6567 | 354 |

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