Cabinet nod to MHA proposal for treaty with EU for transfer of sentenced prisoners

NEW DELHI: Indian citizens convicted of crimes in European countries can seek their repatriation to a jail in their native state with union cabinet on Thursday giving approval for India's accession to the Council of Europe Convention on the transfer of sentenced persons. Foreign nationals from EU countries convicted in India can also apply for their transfer after giving an undertaking.

As many as 10 foreign nationals from EU countries have so far been transferred through bilateral agreements with countries such as United Kingdom and others. With this agreement, India will now get access to 64 countries who are members of the EU convention. The Ministry of Home Affairs (MHA) is in the process of formally requesting EU for becoming a non-member State under the convention, said officials familiar with the development.

Government officials said that accession to the convention will help Indian prisoners imprisoned in the council of Europe countries or vice-versa, to be near their families for serving the remaining part of their sentence. This would facilitate the process of their social rehabilitation. The law enacted in 2004 in India however bar repatriation of those convicted for serial killings, terrorism, paedophiles and repeat offenders, explained an official.

More than 6500 Indians are locked up in jails around the world however the government is not aware how many of them are eligible for repatriation. "Anyone seeking the transfer need to fulfill certain condition and give an undertaking," the official added. India has so far signed such agreement with 36 countries, out of which 20 are bilateral while 16 countries are under Inter-American convention on serving criminal sentences abroad.