Hindustani78
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Extradition may be briefly described as the surrender of an alleged or convicted criminal by one State to another. More precisely, extradition may be defined as the process by which one State upon the request of another surrenders to the latter a person found within its jurisdiction for trial and punishment or, if he has been already convicted, only for punishment, on account of a crime punishable by the laws of the requesting State and committed outside the territory of the requested State.
Extradition plays an important role in the international battle against crime. It owes its existence to the so-called principle of territoriality of criminal law, according to which a State will not apply its penal statutes to acts committed outside its own boundaries except where the protection of special national interests is at stake. In view of the solidarity of nations in the repression of criminality, however, a State, though refusing to impose direct penal sanctions to offences committed abroad, is usually willing to cooperate otherwise in bringing the perpetrator to justice lest he goes unpunished.
ICPO-Interpol has been a forerunner in international efforts to improve and accelerate existing procedure of extradition. Apart from attempts by academic bodies such as the Harvard Research Draft Convention on Extradition, the ICPO-Interpol was the first international organization to recommend to member countries a Draft General Agreement for the Extradition of Offenders, which unfortunately has remained a dead letter since it was adopted by the General Assembly of the Organization (then known as the International Criminal Police Commission) in 1948.
Interpol's interest in finding ways of improving the extradition process did not end with the failure of the Draft General Agreement. Since the early fifties, the General Secretariat of the ICPO-Interpol has undertaken on behalf of the member countries two new activities intended to facilitate international police co-operation in matters relating to extradition.
The first of these initiatives concerns the publication of a series of circulars on a country basis, setting out the provisional measures that the police in each country may take when complying with a request from the police of another member country for quick action with a view to identification and arrest of a person wanted on a warrant of arrest. The second initiative taken by the ICPO-Interpol consists in the dissemination of national extradition laws. This activity is based on a resolution of the General Assembly passed in 1967 in Tokyo (Japan) inviting member countries to forward the texts of their extradition laws to the General Secretariat so that the latter may send them to other member countries for their information. The pre-extradition circulars and the texts of extradition laws of the member countries received from the General Secretariat are being maintained in the Interpol Wing.
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Christian Michel. Photo: Special Arrangement
http://www.thehindu.com/news/nation...extradition/article22391852.ece?homepage=true
Request to be sent to the UAE
The Enforcement Directorate has moved a request for the extradition of Christian Michel, alleged “middleman” in the VVIP helicopter deal, from the UAE.
He had allegedly received at least €30 million for ensuring that the contract went to AgustaWestland.
The request will be sent to the UAE via the External Affairs Ministry. The Home Ministry is now scrutinising the documents. The proceedings have been initiated under the extradition treaty between the two countries after both the ED and the Central Bureau of Investigation filed charge sheets in their respective bribery cases.
Non-bailable warrants have already been issued against Michel and on India’s request, the Interpol has subjected him to a Red Notice.
Michel’s case comes under Clause (a) of Article 2 of the extradition treaty, which provides that persons accused of an offence punishable under the laws of both the contracting states by imprisonment for a period of at least one year or more can be extradited.
Under Article 9, in case of urgency, India can also request his detention and submit the extradition request with relevant documents within 40 days. Agencies can also seek attachment of proceeds of the alleged offence under Article 13.
However, amid reports that an inquiry is pending against Michel in the UAE, there is a suspicion that he may take recourse to Article 15 of the Treaty, under which anyone facing legal proceedings in that country can be extradited, if allowed, only when the trial is over and the person has served the punishment there.
The British national is one of the three middlemen who have been accused of handling and routing more than €62 million for bribing Indian officials.
Immigration records have revealed that Michel was a frequent flyer to India and had undertaken as many as 300 trips between 1997 and 2013. In the first two months of 2013, he made three visits and had flown back to Dubai the last time in February that year, days before the CBI set up a preliminary probe into the bribery charges in the VVIP chopper deal.
ED investigations have found that Michel allegedly used his Dubai-based firm Global Services FZE. Some money was also sent to a media firm he had floated in Delhi, along with two Indians.
As alleged, the bribes were sent through a web of companies located abroad and in India on the pretext of work or consultancy contracts. The money trail has been detected in nine countries, including the UAE, the United Kingdom, British Virgin Islands, Mauritius, Singapore and Tunisia.
The agencies allege that the deal caused a loss of €398.21 million to the Indian exchequer. As part of the alleged conspiracy, then Air Chief Marshal S.P. Tyagi had lowered the service ceiling requirement of the helicopter from 6,000 to 4,500 metres and also revised operational conditions, which made AgustaWestland eligible for the deal.
Extradition plays an important role in the international battle against crime. It owes its existence to the so-called principle of territoriality of criminal law, according to which a State will not apply its penal statutes to acts committed outside its own boundaries except where the protection of special national interests is at stake. In view of the solidarity of nations in the repression of criminality, however, a State, though refusing to impose direct penal sanctions to offences committed abroad, is usually willing to cooperate otherwise in bringing the perpetrator to justice lest he goes unpunished.
ICPO-Interpol has been a forerunner in international efforts to improve and accelerate existing procedure of extradition. Apart from attempts by academic bodies such as the Harvard Research Draft Convention on Extradition, the ICPO-Interpol was the first international organization to recommend to member countries a Draft General Agreement for the Extradition of Offenders, which unfortunately has remained a dead letter since it was adopted by the General Assembly of the Organization (then known as the International Criminal Police Commission) in 1948.
Interpol's interest in finding ways of improving the extradition process did not end with the failure of the Draft General Agreement. Since the early fifties, the General Secretariat of the ICPO-Interpol has undertaken on behalf of the member countries two new activities intended to facilitate international police co-operation in matters relating to extradition.
The first of these initiatives concerns the publication of a series of circulars on a country basis, setting out the provisional measures that the police in each country may take when complying with a request from the police of another member country for quick action with a view to identification and arrest of a person wanted on a warrant of arrest. The second initiative taken by the ICPO-Interpol consists in the dissemination of national extradition laws. This activity is based on a resolution of the General Assembly passed in 1967 in Tokyo (Japan) inviting member countries to forward the texts of their extradition laws to the General Secretariat so that the latter may send them to other member countries for their information. The pre-extradition circulars and the texts of extradition laws of the member countries received from the General Secretariat are being maintained in the Interpol Wing.
****************
Christian Michel. Photo: Special Arrangement
http://www.thehindu.com/news/nation...extradition/article22391852.ece?homepage=true
Request to be sent to the UAE
The Enforcement Directorate has moved a request for the extradition of Christian Michel, alleged “middleman” in the VVIP helicopter deal, from the UAE.
He had allegedly received at least €30 million for ensuring that the contract went to AgustaWestland.
The request will be sent to the UAE via the External Affairs Ministry. The Home Ministry is now scrutinising the documents. The proceedings have been initiated under the extradition treaty between the two countries after both the ED and the Central Bureau of Investigation filed charge sheets in their respective bribery cases.
Non-bailable warrants have already been issued against Michel and on India’s request, the Interpol has subjected him to a Red Notice.
Michel’s case comes under Clause (a) of Article 2 of the extradition treaty, which provides that persons accused of an offence punishable under the laws of both the contracting states by imprisonment for a period of at least one year or more can be extradited.
Under Article 9, in case of urgency, India can also request his detention and submit the extradition request with relevant documents within 40 days. Agencies can also seek attachment of proceeds of the alleged offence under Article 13.
However, amid reports that an inquiry is pending against Michel in the UAE, there is a suspicion that he may take recourse to Article 15 of the Treaty, under which anyone facing legal proceedings in that country can be extradited, if allowed, only when the trial is over and the person has served the punishment there.
The British national is one of the three middlemen who have been accused of handling and routing more than €62 million for bribing Indian officials.
Immigration records have revealed that Michel was a frequent flyer to India and had undertaken as many as 300 trips between 1997 and 2013. In the first two months of 2013, he made three visits and had flown back to Dubai the last time in February that year, days before the CBI set up a preliminary probe into the bribery charges in the VVIP chopper deal.
ED investigations have found that Michel allegedly used his Dubai-based firm Global Services FZE. Some money was also sent to a media firm he had floated in Delhi, along with two Indians.
As alleged, the bribes were sent through a web of companies located abroad and in India on the pretext of work or consultancy contracts. The money trail has been detected in nine countries, including the UAE, the United Kingdom, British Virgin Islands, Mauritius, Singapore and Tunisia.
The agencies allege that the deal caused a loss of €398.21 million to the Indian exchequer. As part of the alleged conspiracy, then Air Chief Marshal S.P. Tyagi had lowered the service ceiling requirement of the helicopter from 6,000 to 4,500 metres and also revised operational conditions, which made AgustaWestland eligible for the deal.