🇮🇳 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 practiceSometimes. 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.
Related procedures
Sources
- Interpol Constitution and legal framework — Interpol
- Commission for the Control of Interpol's Files (CCF) — Interpol
- List of international treaties of the Russian Federation on legal assistance, extradition and transfer of sentenced persons — Ministry of Justice of the Russian Federation
Version history
- v1.0 — Initial publication.
- v1.1 — Country overview update and legal review.