🇮🇳 South Asia

Does India extradite to Russia?

A bilateral extradition treaty with Russia is in force; the procedure is judicial but lengthy and hard to predict.

In short

Mixed practice

Sometimes. A bilateral extradition treaty with Russia is in force and requests are considered on the merits. The procedure is judicial but extremely long and hard to predict: cases drag on for years and the outcome turns on many incidental factors.

Author

INTERPOL PROTECTION Research Desk

Reviewed by

Legal Review Board

Overview

India is perceived as a neutral destination, but a treaty basis with Russia does exist: the bilateral extradition treaty was signed in Delhi in December 1998 and entered into force in May 2000. Requests are examined on the merits.

What distinguishes the jurisdiction is not the rules but the timescales. Extradition cases pass through several judicial instances and drag on for years; over that time both the facts and the parties' positions shift. For someone under the procedure that means prolonged uncertainty and, as a rule, travel restrictions.

Indian courts do, however, seriously examine detention conditions in the requesting state and fair-trial guarantees — refusals on such grounds are known.

Legal system

A common-law system; extradition passes through several judicial instances with the central government taking the final decision.

Extradition practice

A bilateral extradition treaty with Russia is in force; the procedure is judicial but extremely long. Refusals on human-rights grounds are known.

INTERPOL cooperation

An INTERPOL member; border screening is carried out and a notice affects entry and visa status.

Human rights & judicial review

The ECHR does not apply, but a developed system of constitutional review operates; detention conditions in the requesting state are examined by the court.

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Frequently asked questions

Does India extradite to Russia?

An extradition treaty is in force and requests are examined on the merits. The procedure is judicial and very long, and refusals on human-rights grounds are known.

How long does an extradition case take?

Years, as a rule. Cases pass through several judicial instances, and throughout that time the person is usually restricted from travelling.

Sources

Version history

  • v1.0 Initial publication.
  • v1.1 Country overview update and legal review.
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