Alternative Methods for Repatriation/Extradition of Fugitive Criminals

[Rudradev]

The story is one we have heard very often before. A fantastically wealthy Indian citizen, who has defrauded the exchequer, scammed the banks, and leveraged the influence of his former political patrons somehow manages to flee the country in the nick of time and seek asylum in some foreign country. This is typically a country that is more than willing to deny his extradition to India.

It used to happen frequently with terrorists and murderers from the jihadi/organized-crime nexus, but GOI's capacity to press for extradition of such individuals improved with the advent of new international regimes to curtail terror financing after 9/11. We were able to compel successful extradition of jihad-linked mobsters and terrorists from Portugal, the UAE and other nations.

Nowadays it is happening with wealthy kleptocrats and businessmen. You all know who I mean. The point of this thread is not to discuss individual cases.

The point is to explore all alternative options for the repatriation of such individuals. The conventional method, whereby the individuals claim asylum and extradition is pursued through the slow, feeble mechanisms of diplomatic and judicial appeal invariably falter. This is because the individuals concerned have well-entrenched connections to local financial networks, access to high-powered lawyers, and exalted conduits to the corridors of political and diplomatic power in their host countries. Even if extradition is successfully achieved, it will only be achieved after years or decades, and in the court of Indian public opinion, justice delayed is justice denied.

So what else can be done? If for example, a Mossad-style snatch was executed against an individual living in London or Hong Kong, what are the implications? Do we have the capacity to do it? If we do it once, will it affect our capacity to repeat such an operation as necessary? What will be the fallout in political, diplomatic, and strategic terms? And in law-enforcement terms, as a deterrent against such domestic criminals in the future?

It is an issue that merits discussion.

[VKumar]

The first thing is to fast track a hearing if the case, even if accused refuses to be present. Give them video access if legally required. Once a judgement is arrived, ask the country of refuge or interpol to stop shielding a criminal.

At least this approach should be possible in India.

[vasu raya]

Leverage might be an option, the gun running britons placed in Chennai prison, Indian courts would have to take into account how these culprits own country's system is progressing on cases of fugitives wanted in India, when delivering their verdicts.

The Italian Mariners were released after the Bofors evidence/witness was provided, atleast one hopes.

[Rudradev]

VKumar ji, true, though that will require the collaboration of the Indian judiciary (fast tracking, creating exemption for defendant to appear before the court by video, etc.) Another issue is that the defendant will insist on having lawyers from host country (i.e. advocates who have not passed the bar in India, but elsewhere) present. This may raise sticky problems of sovereign jurisdiction, and even if the defendant is found guilty, interpol and/or the foreign host govt may decline to recognize the judgment. It could end up giving the host country a legalistic excuse not to deport the defendant.

Just my thoughts, I am no lawyer and so I may very well be wrong on that count.

Vasu Raya ji, excellent point regarding leverage. It should be possible to exact a trade by jailing the host country's citizens for crimes they commit on Indian soil.

[Singha]

is convicted in absentia a valid model?

[panduranghari]

Targeted assassination.