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India has provided sovereign guarantees and details of the 12th Barracks of Arthur Road Prison in Mumbai, where the diamond-minded Nirav Modi who is facing extradition will be staying, as a British gem and jewelry appraiser deposed in his favor on the fourth day of his trial on Thursday.
Modi’s trial was adjourned until September 7 after appraiser Richard Taylor answered questions from defense attorney Claire Montgomery and prosecuting attorney Helen Malcolm about the diamond industry and the importance of Modi’s company.
Conditions in Indian prisons have been one of the main objections highlighted in extradition cases in the UK. The issue was dealt with in exhaustive detail in the Vijay Mallya case, in which the Westminster Magistrates Court upheld the guarantees and details submitted by India.
Modi’s defense team has raised similar objections, including the alleged presence of rats, insects, uncovered drains and noise from slums near the prison, as part of their claim that there is a risk to their human rights in prison. from Arthur Road.
Courts in the United Kingdom are obliged to reject extradition if there is a human rights risk of the requested person in the country making the extradition request.
As in the case of Mallya, the Crown Prosecution Service (CPS) opposed Modi’s claims in their ‘skeleton argument’, claiming that their submissions “do not recognize the recent consideration of this issue in Mallya’s proceedings” by Judge Emma Arbuthnot of the magistrates court in her December 2018 judgment.
The CPS documents state: “In Mallya, the superior district judge was to consider the guarantees offered by the Government of India (GOI) on the same terms as those offered in this case. He carried out an exhaustive consideration of whether those guarantees could be accepted … He concluded that they could be accepted. “
The assurances provided by the ministry of internal affairs, the CPS told the court, are clearly sufficient to satisfy the concerns raised by the Modi team. The document continues to specifically address the points raised and the video footage quoted from the jail and other presentations as evidence:
Overcrowding: Barrack No. 12 has two cells, with a maximum capacity of six inmates (per cell). The RP (requested person) would be provided with a minimum of 3 square meters of personal space during the course of his detention. The cell video amply demonstrates the availability of sufficient space.
Heat, noise and lack of privacy: this is not accepted. Barrack No. 12 has adequate space, which guarantees privacy. The cell is well ventilated and provides adequate air circulation, and heat concern is unfounded. There is no noise in the cell that is separated from its surroundings by at least 20 feet by means of thick stone walls.
Metal Housing Causing Excessive Heat in Cell – The metal housing begins after clearing a 20-foot ground level and provides a safety cover for the cell. The 20-foot ground clearance ensures adequate air circulation and actually helps regulate temperatures. Also, the roof is about 20 feet tall and therefore naturally cool in the summer. Mumbai has a moderate climate and does not experience extreme temperatures.
Insufficient / Natural Light – The video displays enough natural light enough to allow reading during the day. In addition, there are “06 tube lights” to allow adequate artificial light at night. The lights are shown in the video.
Dust and noise pollution from adjacent slum areas: The concern is unfounded as the cell is separated from the outside area by a thick 20-foot-high stone wall.
Open drains and presence of rats and insects: The video clearly shows that there are no open drains in Barrack No.12 and its surroundings. There are no rats or insects in the cell, another fact demonstrated by the video. The guarantee also establishes that the Municipal Corporation visits Barracks No. 12 once a week and fumigates the barracks.
Pharmacy / Drug Lack: Indian government-insured 24-hour Medicare facilities naturally include drugs prescribed by doctors and specialists, and the same would be provided to the PR when prescribed.
Hospital access: A 24-hour ambulance service is available to take inmates to nearby hospitals if necessary.
Emergency access to hospitals: the ambulance service is available 24 hours.
The CPS said India has provided “comprehensive rebuttals” to the evidence presented on Modi’s behalf, adding that “no evidence has been produced to justify a departure from the approach taken in Mallya.”
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