Belgium : Belgium’s highest court has rejected fugitive diamantaire Mehul Choksi’s claims that his extradition to India would expose him to torture, inhuman treatment and harsh prison conditions, paving the way for his extradition. The fugitive diamantaire, who fled India in January 2018, days before the fraud was detected, appealed before the Supreme Court in November. One of Choksi’s main arguments was that, if extradited, he faced a real risk of torture or inhuman treatment at the hands of investigative agencies.
It held that Choksi failed to demonstrate a real, personal and current risk if extradited. The court underlined that the extradition law required specific and concrete evidence relating to the individual concerned, not broad allegations based on reports. Choksi had also raised serious concerns over prison conditions in India, particularly in Delhi’s Tihar Jail. Rejecting this argument, the court said the material placed on record regarding Tihar Jail did not apply to Choksi’s personal situation.
The court held that there was no basis to assume that Choksi would be detained under the conditions described in those reports or that he would face treatment incompatible with Article 3 of the European Convention on Human Rights (ECHR). India said that the fugitive diamantaire would be lodged at Mumbai’s Arthur Road Prison. Moreover, Choksi will be kept exclusively in Barrack No. 12, a dedicated enclosure with attached sanitation facilities.
Choksi had also argued that the Belgian courts failed to adequately respond to each of his submissions on torture and detention conditions. The Court of Cassation rejected this contention, reiterating that courts are not required to answer every argument individually.
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