Treaty for transfer of prisoners couldn't be used to bring back naval veterans as Qatar didn't ratify it

After the signing, the treaty has to be ratified by either side and the paper of ratification has to be shared with the other country. However, no such document from Qatar is available with India.

NEW DELHI: India and Qatar had signed a treaty in 2015 for the transfer of sentenced prisoners between the two countries. It was signed during the visit of the then Qatari Foreign Minister Khalid Bin Mohammed Al Attiyah. However, since the treaty wasn’t ratified by Qatar, its provisions could not be used to bring back the eight naval veterans who are under detention in Doha since August 30, 2022.

"Once a treaty like this one is signed, both nations have to ratify it. Not sure whether Qatari side ratified it. We did ratify it in India," said MEA spokesperson Arindam Bagchi.

After the signing of the treaty, within 90 days it has to be ratified by either side and the paper of ratification has to be shared with the other country. However, no such document on behalf of Qatar is available with India.

"Last year the eight naval officers, a few months after being kept under detention and solitary confinement, were asked by Qatar’s ministry of interior to return to their homes, pack their bags following which they would be sent back to India. And when they did return with their bags, instead of being sent to India, they went back into detention. It is possible that India was exploring their transfer under the agreement but since it wasn’t ratified, it didn’t translate into reality," said a source.

As of now, the naval veterans' death penalty has been commuted to jail terms – which varies for each of them ranging from 3 years to 25 years. The case will be tried in the cassation court now.

India has signed treaties for transfer of sentenced persons with 35 countries. These include UK, Mauritius, Bulgaria, France, Egypt, Sri Lanka, Cambodia, South Korea, Saudi Arabia, Iran, Bangladesh, Israel, UAE, Italy, Turkey, Maldives, Thailand, Russian Federation, Kuwait, Belize, Brazil, Canada, Chile, Costa Rica, Ecquador, El Salvador, Guatemala, Mexico, US, Nicaragua, Venezuela, Paraguay, Uruguay, Panama and Czech Republic.

The convention on the transfer of sentenced persons is an international treaty regulating the extradition and social rehabilitation of imprisoned persons. The convention was concluded in Strasbourg on March 21, 1983 and came into effect on July 1, 1985.

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