Rejecting the opinion of the Working Group on Arbitrary Detention calling for instant launch of AgustaWestland VVIP chopper deal case accused British nationwide Christian Michel, India on Friday mentioned the conclusions drawn by the UN panel are based mostly on restricted info, biased allegations and an inaccurate understanding of its legal justice system.
India additionally made it clear that the Working Group will not be a judicial physique, and due to this fact, its opinions are usually not legally binding on the member states.
AFP on Thursday reported that the United Nations Working Group on Arbitrary Detention (WGAD) discovered that Michel, who has been held in India since December 2018 after being extradited from the United Arab Emirates, was being “detained arbitrarily”.
Responding to queries over the report, Ministry of External Affairs Spokesperson Anurag Srivastava mentioned, “We have seen selective leaks of the opinion of the Working Group on Arbitrary Detention concerning the case of Mr. Christian James Michel, even before its official release.”
“At the outset we would like to make it clear that the Working Group is not a judicial body, and therefore, its opinions are not legally binding on the Member States,” he mentioned.
Srivastava mentioned the Indian authorities supplied well timed info on this difficulty to the Working Group in June 2020, at their request.
“We regret that the conclusions drawn by the Working Group are based on limited information, biased allegations from an unidentified source and on an inaccurate understanding of India’s criminal justice system,” he asserted.
The extradition was finished solely in accordance with the provisions of the extradition treaty signed between two sovereign states, Srivastava mentioned, including that the arrest and subsequent custody had been finished as per the due technique of regulation and can’t be thought of arbitrary on any grounds.
“At no time was the accused denied his rights to legal counsel or a fair hearing. The fact that he has been able to approach courts on multiple occasions including the higher judiciary is itself proof of this,” the MEA Spokesperson mentioned.
There have additionally been no restrictions on consular entry by the authorities, he asserted.
Michel has been handled on par with different detainees and supplied all services by the jail authorities as per guidelines, Srivastava mentioned.
The Working Group must be conscious that India has a strong grievance redressal mechanisms in opposition to allegations of violations of human rights in a vibrant and impartial judiciary and a ‘category A’ National Human Rights Commission compliant with the Paris Principles, he mentioned.
Srivastava mentioned the allegations which kind the idea of the opinion rendered by the Working Group are opposite to details.
“The Government of India therefore, rejects the opinion rendered by the Working Group,” he mentioned.
India, as a accountable member of the Human Rights Council, will proceed to cooperate with the Working Group and supply it with the mandatory info to the extent attainable underneath Indian legal guidelines, to advertise and defend human rights of all, the MEA spokesperson mentioned.
Michel is an accused within the VVIP chopper rip-off and has been in jail ever since he was introduced on a particular airplane from Dubai after UAE authorities handed him over to the Indian authorities in December 2018.