Suspected cricket bookie Sanjeev Chawla, having exhausted legal options in the United Kingdom to block extradition, has approached the European Court of Human Rights (ECHR) in Strasbourg, mentioning alleged risk to his human rights, if sent to India.
An ECHR spokesperson said on Wednesday: “We can confirm that Mr Sanjeev Chawla has introduced a request for an interim measure to stay his extradition to India before the European Court of Human Rights”.
“No hearing has taken place, nor is one scheduled. Mr Chawla relied on Article 3 (prohibition of torture and of inhuman or degrading treatment) of the European Convention on Human Rights”.
Interim measures are granted before a full hearing is held. Unless such measure is granted, Chawla, 50, faces extradition within 28 days of the judgement of the high court of England and Wales that refused him permission to appeal against extradition on January 23.
The UK formally left the European Union on January 31, but remains subject to ECHR jurisdiction during the transition phase as outlined in the withdrawal agreement until December 31. Several individuals facing extradition from the UK have previously successfully blocked it through the ECHR.
Chawla faces charges of match-fixing during South Africa’s cricket tour to India in 2000. He is scheduled to be lodged in Tihar Jail, according to court documents, but his legal team has raised the potential of risk to his human rights there.
{{/usCountry}}Chawla faces charges of match-fixing during South Africa’s cricket tour to India in 2000. He is scheduled to be lodged in Tihar Jail, according to court documents, but his legal team has raised the potential of risk to his human rights there.
{{/usCountry}}In London, a Home Office spokesperson said: “The Secretary of State signed the order for Sanjeev Chawla’s extradition to India in February 2019. He has now exhausted his rights to appeal. Once the final orders from the court have been received, arrangements will be made for his extradition to take place within 28 days.”
Chawla’s team sought to adduce fresh evidence in the UK court: one, a newspaper article indicating that the Indian authorities intended to demolish jails one, two and three in Tihar and build a multi-level prison; two, newspaper reports on prison conditions.
Thirdly, his lawyers cited a report of March 30, 2019, described as an expert legal opinion, by one Gupta who had been a legal adviser for the Officer of the Director General, Delhi Jails until his retirement in 2017.
The fourth was a document bearing dates in April 2000 which is an application by one of Chawla’s co-accused to the Magistrates’ Court in Delhi for directions to the police about the conduct of the investigation.
India-born Chawla moved to the United Kingdom in 1996. An extradition warrant was obtained pursuant to an affidavit sworn before the Chief Metropolitan Magistrate in New Delhi on February 27, 2015.
A request that Chawla be extradited was made by the Indian government on February 1, 2016 and it certified by the Home secretary March 11, 2016, the judgment noted.