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A bilateral extradition treaty is on the anvil with the Government of
India and United Arab Emirates (UAE). At this juncture, this article is
relevant and throws some light on its consequent repercussions. It is
common knowledge that, hardcore terrorists and narcotic dons after
committing grave offences take asylum in these states. Apparently, a
treaty of this sort is necessitated to barter the fugitive criminals for
proper punishment. But it is regretfully commented that, there is more
to it than that meets the eye.
Given the history of extradition and its use with criminal justice
system of countries antithetical to ours, it is inevitable that we
exercise some caution. It would be unfortunate if the Government is to
ignore the plight of its citizens in these countries, while entering
into a treaty of this kind. Innocent citizens have been like flies to
wanton boys for these oil gods who flog them for their sport rather than
faith and therefore the Government should not fail to foresee the
consequences of signing such a treaty.
Once a person is extradited, the country receiving the fugitive or the
criminal is not bound under law to return the accused. Extradition is
not allowed for trifling cases. Even though, it permits any crime
carrying the sentence of 12 months or more in either country. Keeping
these in view that we should not have any standing extradition
arrangements with countries with deplorable Human Rights records and
whose criminal justice systems lack confidence.
Many articles and editorials have appeared in various newspapers
depicting the land of Arabia as a desert of injustice. Instances of
antique terror unleashed on Indians in the Gulf are innumerable. But,
unfortunately, many in the media hesitate to publish these tragic
episodes due to varied personal considerations. Likewise, many official
news stories have been suppressed and what finally scoops up in the
front pages of newspapers are unofficial personal experience of those
who have lived through it.
Awful treatment meted out to Indians under- trial in the Gulf countries,
for no fault of theirs, are increasing over the day. The law and order
in relation to the export of labour has always been ignored.
Hundreds of Philipino-girls who sought job as housemaids have
disappeared in these Gulf states. To make matters worse, their Arab
sponsors simply close the chapter by merely publishing in news papers
about their disappearance as absconded. When the stories of these
unfortunate girls, who were fragmented to small quantities of bones at
remote desert land, appeared in the Press of Philippines, this small
country stood up against UAE in preventing the execution of a Filipino
maid, who was sentenced to death for having killed her Arab sponsor. The
stratagem worked dramatically and indeed effected her release.
Abu Dhabi central jail is overcrowded with over three thousand
prisoners. In the scorching heat of the desert, within concrete cages,
prisoners are made to live in inhuman conditions without the basic
necessities of life. These prisoners sustain their life with fermented
camel meat and wormy food grains. The heartening fact is that many
innocents are made to languish here under the banner of criminals, which
cast a stigma on them for life. Though these accomplishments seems
incredible, a message rings loud and clear for those who are conscious
of any violation of Human Rights. For those who don't, these sentiments
would be like pearls of wisdom, quite un oblivious of good things.
With a particular pattern of administration in these countries, it is
extremely difficult to escape the clutches of policemen who act in
collusion with bigwigs and the resultant prison life. Many fall prey to
these, particularly Indians and those belonging to the weaker sections
of southern states, who have sacrificed their entire youth and health
for the prosperity of that nation and in equal measure helped in earning
foreign exchange for this country.
Abu Dhabi the capital city of UAE is abundant with Pubs and Bars. An
Indian who consumed alcohol will have to face bitter punishment while
westerners committing the same never face any charges. An Indian will be
dragged to laboratory with shackled and manacled and cuffed both hands
and legs, to test the alcohol content in his blood. What follows
subsequently is a prolonged trial and imprisonment, and finally ends in
deportation. If in the circumstance the accused is a Muslim, the
punishment will be reduced to eighty flogging instead of deportation.
In the UAE and Saudi Arabia many Indians have been executed. Public
beheading and shooting are common and therefore ignored by the media.
The bodies of those executed are never returned to the relatives even
for religious services for the dead. Invariably they hardly informed in
time to the Indian consulate, when an Indian national is executed. The
consulate personals, who are responsible remain indifferent, without
questioning the propriety and attitude of these officers.
Consulates of western countries proclaim their glories in Gulf States
within the customary rules of diplomatic agents. They observe and
negotiate attentively every occurrence which affect the interest of
their home states. Moreover they protect the person, property and
interests of their home states. Seldom are their citizens charged under
penal provisions even if they committed grave offences in the Gulf.
Able and sincere workforce are lavishly available in India unlike any
other country in the world. Naturally they have been more attracted to
the construction activities that taking place in Gulf countries.
Advertisements in Indian dailies are prime example of it. But this is
only a temporary phenomenon. These Indian labourers will be mercilessly
thrown out after their requirement. In October 1996, a law was passed by
Saudi Arabia to the effect that, no employment would be given to
non-Muslims. Later, when many projects in that country were stalled due
to lack of certain workforce, they had to do away with this piece of
xenophobia.
It is explicitly clear from the attitude and actions of Gulf states,
that they consider Indians in a slavish manner. Indians employed here
belong to varied sections of the society, many of them work-men, quiet
often skilled work-men, who have given the Diwans (Rulers) and the
opulent, good quality cheap labour to build their multi-storied
mansions. Every segment in the society of that country has benefited and
utilized in profusion the expertise and sincere services of Indians.
It should be noted that they work under compelling conditions of life in
the hot desert land. Despite these goodwill intentions of Indians the
basic freedom cherishable to humanity are deprived to them.
In short, the truth can be summed up as Extradition is possible only
between 'commendable' states, that is, towards countries in which the
minimum standards of the state of law are respected. If ignored it would
be like the Aspidistra, a plant which requires no attention till it
breaks its pot, and when done, it needs to be put in a fresh compost.
The innocuous extradition treaty would crave attention only when it
breaks human sensibilities.
A government which hesitate to observe even the basics of natural
justice, a police department together with the public prosecution
promoting extortion and an upper class society which ridiculously
disobeys the Court verdicts, represent a totally uncivilized legal
system, which prevails in United Arab Emirates.
The bitter experience of the writer's life and his first-hand knowledge
of the realities are ample illustrations that go into the very heart of
the matter.
The writer was a General contractor in Abu Dhabi, United Arab Emirates.
When a court favourably proceeded in his civil suit of a building
contract, a local who was the opposite, in collusion with
police-officials trespassed into his office premises and threatened him
to withdraw the civil suit. The writer refused to yield such a demand.
Consequently, his entire office was ransacked and valuables looted.
Thereafter, the writer and his brother were framed under false criminal
charges and taken to the central prison. He and his establishments
suffered huge losses for not allowing him to have meetings with any
person or communicate with the outside world. His case was taken up in
trial only after five months.
The Court listened to the evidences of eye-witnesses saying as to a
policeman was holding an iron bar of one meter length in his hand,
threatening anyone who came near the office premises of the accused and
was shouting "Indian, Pakistani and Bengalis all are thieves and
procurers "
The judges were much moved by the massive evidences before them which
established beyond doubt the orchestration of the police and the
dishonest deals of the local man. The Court acquitted the writer and his
brother and ordered an investigation into the crime committed by the
local man and the police.
To avoid embarrassment the prosecution filed an appeal, and on the same
day the writer and his brother were granted bail. However, despite the
acquittal and the bail they were not released from prison. Later, a full
bench appellate court affirmed the decision of the trial court. It
further reiterated the condemnation of the prosecutor. An excerpt from
the appellate judgment as follows :-
" Verily the Islamic law and the entire positive laws have honoured man
and protected his freedom, his honour, his property and his soul. Hence,
if man was killed while protecting these, he is considered to be a
martyr. And limitation of his freedom without any right is an
unforgiving crime and the same is mentioned in the provisions of
articles 2 and 3 of the penal procedure code. And it is proved in this
case that the policemen along-with the local went to arrest the accused,
without any right and curtailed his freedom".
The good number of witnesses from different nationalities who did not
care the threat of local police and public prosecution dared to explain
the facts, were unusual occurrences in their country and this indeed
helped the court. But since the opportunity to protest is not permitted
in their judicial system, all these efforts remained in vain. This
writer and his brother continued languishing in jail and after a period
of one year they were deported back to India.
There is no room for doubt that, this was a blatant violation of Human
Rights. It is a country where its own judicial pronouncement is treated
as worthless sand.
Mr. Justice V.S. Malimath, member of the NHRC said recently, "Human
Rights are inherent, universal and inalienable and a human being is born
with these rights, each country needs to work on itself more and bother
about the rest a little. He added that, "The source of Human Right
violation is the vicious human mind and the behavior and the thinking
and value system of the people needs to be changed".
It appears that, these ideas were not part of the so-called experts in
foreign affairs department. However, it should be remembered, the
observation of the Courts that the man does not survive solely on for
bread. It is when the culture accomplishment, blissful knowledge and
artistic values are there to support his life to attains completeness.
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