India-US Extradition Treaty: Only 11 Indians extradited from 2002 to 2018
- In Reports
- 05:36 PM, Oct 22, 2024
- Myind Staff
Tahawwur Hussain Rana, a key suspect in the 26/11 Mumbai attacks is expected to be extradited to India by the end of this year. His extradition is nearly finalised and taking place under the 1997 India-US Extradition Treaty between the two countries.
Only 11 Indian fugitives have been extradited from the US according to the pact between 2002 and 2018, according to statistics the Ministry of External Affairs gave to Parliament. Nearly 60 extradition requests are still pending with the US authorities, according to sources. Of the 11 fugitives that the US extradited to India, two fugitives were charged with terrorism, one with child sex abuse, and one with attempted murder, while the remaining 11 were charged with financial fraud and deceit.
In the past, the US has turned down several requests from India. One major case involved David Coleman Headley, an associate of Rana and an accused in the 26/11 attacks. Headley, a member of Lashkar-e-Taiba who helped plan the Mumbai attacks, was arrested by US authorities in October 2009. He later pleaded guilty to charges related to the deaths of six Americans during the attacks and was tried and sentenced by a US court.
India's request to extradite Headley to India was denied on the grounds that doing so would put him in danger of receiving two punishments for the same offence. In a similar case, the US rejected another request to extradite Warren Anderson, the CEO of Union Carbide, who was accused in the 1984 Bhopal Gas tragedy. After the disaster, Anderson came to Bhopal and was briefly arrested, but he was quickly released on bail and left India. Nearly 20 years later, in May 2003, India formally asked the US to extradite him, but the US declined, saying there wasn't enough evidence.
Earlier, the US had rejected India’s request for the extradition of one Sinni Singh who was wanted for kidnapping. India made a formal request for extradition in September 2000, the US rejected the same in January 2002. An offence is extraditable under the India-US extradition treaty if it carries a sentence of more than a year in jail under both nations' laws. This holds true whether or not the offence is classified as belonging to the same category of offences or is referred to by the same name under the laws of the two nations.
The treaty prohibits extradition for political offences but provides a list of specific crimes that are not considered political. These crimes include murder or serious harm to a Head of State or Government and their family; hijacking or sabotaging aircraft; crimes against internationally protected individuals like diplomats; hostage-taking; drug-related offences; and any other crimes that both countries are required to extradite under international agreements.
Article 6 of the treaty prohibits extradition if the person in question has already been convicted or acquitted in the Requested State for the same crime. However, if the authorities in the Requested State have chosen not to prosecute or have stopped criminal proceedings against that person, extradition is still allowed. Extradition frequently hinges on a nation's diplomatic strength in addition to accords and treaties.
The strength of the bilateral ties between the two nations can frequently influence how swiftly the Requested State responds to an extradition request and what argument it makes in court throughout the extradition procedure. India and the United States have improved their partnership for more than a decade. While collaboration on financial crimes and terrorism started to increase after the 9/11 attacks, the US was perceived as being more considerate of India's national security concerns after the 26/11 strikes.
Comments