Statement as referred to in reply to the Rajya Sabha Starred Question No. * 335 for 31-7-2014 regarding ‘Indians in Jails of foreign Countires.

(a)        Yes, Sir. There are 5986 Indians reported to be in Jails in foreign countries. The Country-wise details of Indians in foreign jails are as in Annexure-I.

(b)        Yes, Sir. Indian Missions/ Posts provide legal help and care for Indian citizens abroad when needed. Mission officials seek consular access to detainees and conduct Jails visits. Missions also take up cases for releasing detainees with host governments. Under the current guidelines of the Indian Community Welfare Fund (ICWF) Missions can provide initial legal assistance to Overseas Indian in deserving cases.

(c)        Details of legal help and care given to Indians aboard as per reports available from 149 Indian Missions/Posts are given in Annesure-II.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annexure referred to in reply of part (a) of the Rajya Sabha Starred Question No. *335 regarding 'Indians In
jails of foreign countries' dated 31-07-2014.

Sl. No.

Country

No. of Indians in Prisons Abroad

1.        

Angola

3

2.        

Armenia

1

3.        

Austria

1

4.        

Australia

37

5.        

Azerbaijan

1

6.        

Bahrain

86

7.        

Bangladesh

128

8.        

Belgium

38

9.        

Bhutan

62

10.     

Brazil

2

11.     

Brunei Darussalam

1

12.     

Cambodia

2

13.     

Canada

33

14.     

China

115

15.     

Ecuador

11

16.     

Cuba

1

17.     

Cyprus

4

18.     

Czech Republic

1

19.     

Denmark

18

20.     

Egypt

2

21.     

Ethiopia

1

22.     

Fiji

2

23.     

Finland

1

24.     

Germany

1

25.     

Togo

6

26.     

Greece

20

27.     

Indonesia

29

28.     

Iran

32

29.     

Ireland

1

30.     

Israel

4

31.     

Italy

135

32.     

Jamaica

1

33.     

Japan

5

34.     

Jordan

2

35.     

Korea(Republic of)

1

36.     

Kuwait

274

37.     

Kyrgyzstan

2

38.     

Malaysia

332

39.     

Maldives

24

40.     

Mauritius

11

41.     

Mexico

3

42.     

Myanmar

73

43.     

Nepal

377

44.     

Netherlands

1

45.     

New Zealand

6

46.     

Nigeria

2

47.     

Oman

135

48.     

*Pakistan

468

49.     

Philippines

9

50.     

Poland

1

51.     

Portugal

5

52.     

Qatar

86

53.     

Romania

1

54.     

Russian Federation

3

55.     

Saudi Arabia

1400

56.     

Seychelles

1

57.     

Singapore

203

58.     

South Africa

11

59.     

Spain

39

60.     

Sri Lanka

20

61.     

Suriname

1

62.     

Sweden

1

63.     

Switzerland

5

64.     

Tanzania

1

65.     

Thailand

82

66.     

Uganda

2

67.     

UAE

985

68.     

UK

430

69.     

Ukraine

3

70.     

USA

195

71.     

Uzbekistan

1

72.     

Venezuela

2

73.     

Yemen

3

 

Total

5986

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

* As per the information provided by HCl. Islamabad there are 219 civil
prisoners. believed to be Indian. in Pakistani jails. However. as per information provided by Pakistani authorities to HCI, lslarnabad, as on July 01. 2014. There are 47 civil prisoners. believed to be Indian. in Pakistani jails.

       As per information available with the Mission. besides civil prisoners. as on date there are 249 fishermen believed to be Indian.

******

Annexure referred to in reply to the Rajya Sabha Starred
Question No. *335 for 31-07-2014 regarding
'Indians In
jails of foreign countries'.

 

Sl.No.

Country

Assistance given

1

Mexico

 

   Consular visits were made to Shri Surjit Singh and his son Shri Shamsher Singh jailed at Tijuana in
December 2012. A consular visit was also made for
Shri Siddharth Singh lodged in Hermosillo jail in jails in July, 2014.

2

Venezueala

2009- Shri Karamjit singh and Daljit Singh two illegal
immigrants who were detained were given
Emergency Certificate by the Embassy to return to India
. -

2014-The Embassy arranged the safe return of Mr.
Satinder Ghotra who had been detained for want of a
valid visa
.

3

Poland

2013-Mission gave assistance to one Mr. Rahul Malhotra for his trial and got consular access. Mission used ICWF funds to release Shri Rohit Datta from  jail in Lithuania.

4

Sri Lanka

During the last five years 150 Indian nationals were

provided assistance under the ICWF scheme.

5

Nigeria

2012- 10 Indians were arrested by the Nigerian Navy  while on board the MT Akshay for suspected crude
oil bunkering and sabotage
.

 

Immediately on receipt of information, HCI Abuja
sent a note verbale to Ministry of Foreign Affairs
seeking intervention for their early release followed by regular reminders and aide-memoirs. Follow
ing the pronouncement of judgement on May 8, 2014 in the court case, High Commissioner met Barrister
Mohammed Bello Adoke
, Attorney General of the
Federat
ion & Minister of Justice of Nigeria (AG) on June 5 and June 25, 2014 and impressed upon him regarding Mission's request for commutation of sentence and early release of 2 Indian's in jail. So far

the legal expenses in the court case were reportedly

borne by the owners of the ship.

 

6

Singapore

2013- After the incident of little India Riot in
December
, 2013, the Mission arranged for legal assistance for 25 Indian nationals accused in the
incident
. In deserving cases legal assistance is also
made available through the Law soc
iety of Singapore.

7

Panama

7 persons namely Shri Tarjit Singh, Ravindr Singh, Raj Kumar, Mukeshkumar Shankerlal Patel, Jatendra Singh, Rahul Kumar Patel and Gurpreet Singh were  arrested while at the Immigration Detention Centre, they allegedly engaged in destruction of property at the Centre.

 

   The Mission remained in constant touch with the concerned Panamanian authorities including National Migration Service, Prosecutor General's Office and jail authorities for providing the legal and other assistance. Mission, in association with the Indian community, also helped them in engaging a lawyer and a Hindi-Spanish interpreter for their early deposition and for presenting their cases in the court
of law. The Mission
's efforts
fructified
, subsequently the charges were dropped
and all of them were released from jail
.

8

Tanzania

8 persons have been provided legal assistance for the last 5 years.

9

Pakistan

   High Commission repeatedly takes up with the
Government of Pakistan the matter of early release and we
ll being of Indian prisoners. The Indian
Community Welfare Fund (ICWF) is utilized for providing help
' to distressed and needy Indian citizens.        Legal   services            have    also been requisitioned from out of Mission's ICW Funds to fight the cases of three Indian prisoners. Nearly four lacs Pakistani Rupees (Equivalent to Indian RS.2,45,OOOI- approximately) were utilized towards the welfare of Indian Prisoners. The India-Pakistan Judicial Committee has also been set up consisting of retired judges of superior judiciary from India and Pakistan to look into humane treatment and expeditious release of prisoners, including fishermen, who have completed their prison-term. The Committee, inter alia, visits periodically prisons in India and Pakistan and makes recommendations to the two governments regarding prisoners of each country in the custody of the other.  As a result of consistent effort of the Government, 337 fishermen were released during
last year
, During the first half of the current year,
150 fishermen & one civil prisoner have so far been
released
.

10

China

2011-12: Legal aid provided to 2 Indian business  men, Mr. Deepak Raheja and Mr. S.S, Agarwal with the approval of MOIA .(Rs.1 ,23,967/-).

 

2012-13: Legal aid to the same two Indian businessmen as in 2011-12 with the approval of   MOIA Rs. 2,89,256/-.

11

Oman

The Embassy has three reputed legal firms on the panel to provide initial legal assistance and guidance to the. distressed Indian nationals.On a timely basis, Embassy receives intimation from the local Ministry about the Indian nationals detained for various offences. The Indian Embassy renders help to the detainees also with the help of empanelled legal firms which provide legal assistance as per local laws in criminal! civil offence. In addition, the Mission officials visit the jails on a regular basis along with a lawyer from the empanelled law firm advising the Indian nationals in jail on legal issues and on sending mercy petitions etc. Free legal counselling sessions is also held at the Embassy twice every week to guide and assist Indian nationals on their legal rights and responsibilities vis-a-vis their grievances.

 

    The details of legal guidance/help and care provided
to the Indian nationals during the last five years are as
under:
-

Year    Number of Indian nationals provided legal 

            guidance /help and care

2009     8

2010     4

2011    21

2012    29

2013    30

2014      7

(till June
2014)

12

Riyadh (Saudi Arabia)

Most of the Indian prisoners in Saudi jails were involved in minor offences such as liquor  
consumption and sale, immoral acts, forgery etc., and very few were convicted for serious offences like murder and drug trafficking. The Embassy officials regularly visit the inmates in the jails.

 

 The Indian Embassy takes all steps available
under Saudi laws, and as applicable for a diplomat
ic
mission
, to assist all Indians in Saudi jails. These
include
: (i) regular visits to all the jails in Saudi
Arabia; (ii) provision of Arabic-speaking Interpreters
to visit the jails to assist the Indians
; (iii) provision of
initial legal assistance with the help of Arab
ic-
knowing experts
, well-versed In Saudi laws and
Sharia laws
; (iv) regular interaction with Saudi
police and jail authorities to provide assistance to
Indians in jail
; (v) taking up their cases with Saudi
authorities through diplomatic channel; (vi) fully
utilising the services of Embassy-registered
volunteers to help the inmates
; (vii) efforts to protect
the inmates and their families from touts and agents
who try to exploit them by offering illegal legal
assistance
, and conducting regular investigation into
the affairs of such touts who try to exploit Indians in
jails
; (viii) providing travel documents, including
Emergency Certificates
, for expeditious travel of
those who completed their sentence
; (ix) providing
tickets to all deserving cases to avoid any delay in
their departure
, and; (x) ascertaining the welfare of
the jail inmates
, including through consular access
through Ministry of Foreign Affairs
. Mission teams
also visit various deportation centres in the Kingdom
to issue ECs to those Indians who do not possess
passports to enable them to travel back to India
. The
Mission also forwards mercy petitions received from
the family members of convicted Indians on charges
of murder for clemency and release
. Apart from this,
during the holy month of Ramadan, the Mission
seeks clemency for all deserving Indian detainees
.

13

Jeddah

(Saudi Arabia)

During the last one year our officials have visited the following jails and provided consular access:

 

S.N.

Date

Jail

Number of Prisoners who were provided consular access

1

2-3.03.2013

Bariman Jail, Jeddah

123

2

5.03.2013

Makkah Sijjin Aam

27

3

6.03.2013

Makkah Islahiya

9

4

9-10.03.2013

Taif

23

5

13.03.2013

Al Mahd

2

6

17.03.2013

Madinah

17

7

20.03.2013

Yanbu

3

8

25.03.2013

Khamis Mushayat

15

9

26.03.2013

Abha

15

10

1.04.2013

Mahail

3

11

6.04.2013

Bisha

3

12

7.04.2013

Tathleeth

2

13

10.04.2013

Najran

9

14

14.04.2013

Tabuk

5

15

28.04.2013

Al Baha

0

16

5-7.11.2013

Bariman Jail, Jeddah

23

17

21.11.2013

Madinah

09

18

12.12.2013

Bariman Jail, Jeddah

41

19

17.12.2013

Najran

21

20

18.12.2013

Islahiya Jail, Makka

11

21

19.12.2013

General Jail, Makkah

58

22

23.12.2013

Jazan

63

23

26.12.2013

Yanbu

05

24

26.12.2013

Bariman Jail, Jeddah

23

25

2.01.2014

Taif

14

26

6.01.2014

Abha

13

27

8.01.2014

Mahail Asir

06

28

9.01.2014

Bani Amr

02

29

16.01.2014

Bariman Jail, Jeddah

20

30

19.01.2014

Al Baha

0

31

19.01.2014

Gilwa

01

32

19.01.2014

Mikhwa

02

33

20.01.2014

Aqiq

0

34

20.01.2014

Biljurshi

0

35

23.01.2014

Bariman Jail, Jeddah

49

36

25.03.2014

Makkah

59

37

26-27.5.14

Taif

17

38

18.05.2014

Makkah

26

Total

719

 

    The Consulate General , Jeddah, recently helped  eight Indian nationals to get released after payment of approximately 90 lakh Indian Rupees on their behalf after collecting this amount from local NRIS:

 

S.N.

Name

Jail

Amount of fine in SR paid

1

Mr. Rinku Teku Lal

Bariman, Jeddah

10,000.00

2

Mr. Varinder Singh

Bariman, Jeddah

10,000.00

3

Mr. Salahuddin Islamuddin

Taif

15,000.00

4

Mr. Sikkanthar Mandothadil

Bariman, Jeddah

34,734.00

5

Mr. Mohammad Ayyub Kannur

Bariman, Jeddah

50,000.00

6

Mr. Sherul Abdul Rahman Andu

Bariman, Jeddah

1,50,000.00

7

Mr. Syed Farhan Abid

Abha

1,50,000.00

8

Mr. Gajulla Imteyaz Basha

Abha

1,50,000.00

 

Total

 

5,69,734.00

14

Washington
(United
States
America)

 

     Financial assistance to 4 persons have been
provided from Indian Community Welfare Fund

of (ICWF) since its start in the Mission:

 

1.Promila Rajput, May 2012 - US$ 1000

2.Cremation of late Mr Yogipal Ahluwalia, January
2014
- US$ 4598

3. Ms Atiya Kholiawala , March 2014 - US$ 3400
4. Ms Anupama Bhardwaj, April 2014 - US$ 3000

15

Kuwait

During the last 5 years (2010-2014), legal assistance was provided in the following cases:

(i)                 2011- An assistance of KD 400/ equivalent to Rs.65,000/- approx was given to Ms Kunju Kunjamma Kunjam towards legal fee for his release from jail.

(ii)               2014- An assistance of KD 400/ equivalent to Rs.86,300/- was given to Ms Ajitha Sunil, under order of execution on drug trafficking.

16

Jamaica

The Mission took up the case of Indian national Shri
Rajesh Madhu Thakur in jail with the Jamaican, Ministry of Foreign Trade
, asking for his early release.

17

Beijing

The Mission has conducted visits to all the 13 persons held in jail in 2014.

18

Angola

The Mission requested the concerned Angolan
authorities to consider releasing and deporting the
Indian prisoners to India on humanitarian
considerations. The Mission will continue to render

All possible consular assistance to them.

19

Dubai(United Arab Emirates)

The cumulative total of the assistance - provided from the Indian Community Welfare-Fund (ICWF) on legal assistance is Rs 33,11,532/-.

 Year wise break-up of the expenditure from ICWF is given below:

Sl.No.

Year

Total No. of beneficiaries

Amount in AED.

1

2009

Nil

Nil

2

2010

17

75,000/-

3

2011

23

30,510/-

4

2012

18

30,000/-

5

2013

18

65,500/-

6

2014 till date

Nil

Nil

Total in UAE Dirhams

2,01,010/-

Total in INR @ ORE 0.0607

33,11,532/-

20

Fiji

Ms. Muskan Balaggan, resident of Batala,
Punjab was sentenced on 04.06.2012 to 11 Yrs and
6 months imprisonment on charges of drug trafficking and is lodged in Women
's Correction
Centre, Suva.

The Mission has provided legal assistance to
Ms
. Balaggan including financial assistance for her
appeal against the sentence awarded
. Her hearing
for leave of appeal was scheduled to date 28 July
and has been heard
.

21

Myanmar

The Mission in its efforts secured release of an Indian girl Ms Nirou In April 2013 who was  
sentenced for ten years under narcotic act after"  
arrest in June 2011. Mission has also requested for
Presidential Pardon for seven Indian Prisoners

Involved  in two different cases.

22

United Kingdom

One Indian national Mr. Roshan Dantis was convicted and sentenced to life imprisonment by   Glasgow High Court on 11th  January, 2010 as he  
was found guilty of a murder. Mr. Dantis is serving life sentence in a prison in Scotland, UK.

     The officials from the Post, as per the standing instructions, meet the Indian national with a view to ameliorate his grievances.

23

Azerbaijan

The Mission has provided assistance of Rs. 5024/- in the case of Shri Joga Ram in Azerbaijan jail for murdering his wife.

24

Qatar

    The statistics of legal assistance provided by this

Mission from ICWF to Indian nationals from 2010 to
2013 and from 01 January to 30 June 2014 is given below:

Year

Number of cases

Nature of assistance

Amount (In QR)

2010

03

Court fee

8000.00

2011

03

Court fee(2)

Labour case(1)

7000.00

2012

07

Court fee (6)

Labour case (1)

15,000.00

2013

07

Court fee

Labour fee

18,546.00

January to June 2014

26

Legal Attestation Fee

1580.00

 

********