UK court rules no 'real risk' in Tihar Jail to extradition of alleged bookie Chawla

Agencies
November 17, 2018

London, Nov 17: The UK High Court on Friday quashed a lower court's order against extraditing alleged bookie Sanjeev Kumar Chawla to India and directed the District Judge to re-start extradition proceedings against him after being convinced with the assurances by the Indian government on the safety of prison conditions in New Delhi's Tihar jail.

Chawla, a key accused in the cricket match-fixing scandal involving former South African captain Hansie Cronje in 2000, had won his case against extradition to India last year after the Westminster Magistrates' Court here concluded there was a prima facie case to answer but his human rights could not be guaranteed in Tihar jail, where he was to be held.

The High Court ruled that it is convinced with the assurances provided by the Indian government regarding the safety of prison conditions in New Delhi's Tihar jail as it quashed the lower court's order against extraditing the 50-year-old.

In a judgment handed down in the Royal Courts of Justice here, Lord Justice Leggatt and Justice Dingemans upheld the Indian government's appeal against that order and directed the District Judge to re-start extradition proceedings against Chawla.

The judges noted that a third assurance, provided by the Joint Secretary to the Government of India in June, promises the accused of accommodation in a cell to be occupied exclusively by him, with proper "safety and security" and complying with the "personal space and hygiene requirements" the court expects.

It also makes further guarantees on medical facilities and protection from intra-prisoner violence in the jail.

"In these circumstances, having regard to all of the information available to this Court about Tihar prisons, the terms of the third assurance (which was not before the District Judge) are sufficient to show that there will be no real risk that Mr Chawla will be subjected to impermissible treatment in Tihar prisons," the High Court judgment concludes.

In an earlier ruling in May, the High Court sought these further assurances from India before making a final decision on the government's appeal in the case.

"The effect of the successful appeal is that the order of the District Judge to discharge Mr Chawla has been quashed, with the case being remitted back to the District Judge to proceed as she should have done," noted a statement from the Crown Prosecution Service (CPS), which represented the Indian government in the case.

A date for a fresh hearing in the case will now be set by Westminster Magistrates' Court in coming months.

The CPS had argued that the October 2017 ruling by the magistrates' court reflected a complete disregard of the "solemn diplomatic assurance" by India that Chawla will be treated within internationally-accepted norms for prison conditions.

The defence team, on the other hand, argued that District Judge Rebecca Crane had been right in turning down the extradition request on human rights ground.

"India is a mature and solid democracy, with which we have had a strong extradition relationship," noted CPS barrister Mark Summers, who is the barrister representing the Indian government in another high-profile extradition case that of liquor baron Vijay Mallya.

Mallya, wanted in India on fraud and money laundering charges amounting to nearly Rs 9,000 crore, has denied the allegations and disputed the jail conditions at Arthur Road Jail in Mumbai as part of his defence. A verdict in his case is expected next month at Westminster Magistrates' Court.

In Chawla's case, District Judge Crane's judgment dated October 16, 2017, had accepted a prima facie case against Chawla over his role in the fixing of "cricket matches played between India and South Africa during the tour of the South African Cricket Team to India under the captainship of Hansie Cronje in February-March 2000".

However, on hearing expert evidence from Dr Alan Mitchell, a licensed medical practitioner and a former medical officer with the Scottish prison system, she ruled in favour of Chawla on the grounds that his human rights would be violated in Tihar jail under Section 87, Article 3, relating to "prohibition of torture or inhuman or degrading treatment".

Mallya's defence team has also argued that India's jail cells are "far from satisfactory" and used the same UK prisons expert as Chawla's team, Dr Alan Mitchell, to back up their claims.

According to court documents in the Chawla extradition case, the Delhi-born businessman had moved to the UK on a business visa in 1996, where he has been based while making trips back and forth to India.

After his Indian passport was revoked in 2000, the 50-year-old obtained a UK passport in 2005 and is now a British citizen.

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Agencies
March 26,2020

Madrid, Mar 26: More than three billion people around the world were living under lockdown on Wednesday as governments stepped up their efforts against the coronavirus pandemic which has left more than 20,000 people dead.

As the number of confirmed cases worldwide soared past 450,000, UN Secretary General Antonio Guterres warned that only a concerted global effort could stop the spread of the virus.

In Spain, the number of fatalities surpassed those of China, where the novel coronavirus first emerged three months ago, making it the hardest-hit nation after Italy.

A total of more than 20,800 deaths have now been reported in 182 countries and territories, according to an AFP tally.

Stock markets rebounded after the US Congress moved closer to passing a $2.2 trillion relief package to prop up a teetering US economy.

In Washington, President Donald Trump said New York, the epicenter of the US outbreak with over 30,000 cases, likely has a few "tough weeks" ahead but he would decide soon whether unaffected parts of the country can get back to work.

"We want to get our country going again," Trump said. "I'm not going to do anything rash or hastily.

"By Easter we'll have a recommendation and maybe before Easter," said Trump, who had been touting a strong US economy as he faces an election in November.

UN chief Guterres said the world needs to ban together to stem the pandemic.

"COVID-19 is threatening the whole of humanity -- and the whole of humanity must fight back," Guterres said, launching an appeal for $2 billion to help the world's poor.

"Global action and solidarity are crucial," he said. "Individual country responses are not going to be enough."

India's stay-at-home order for its 1.3 billion people is now the biggest, taking the total number of individuals facing restrictions on their daily lives to more than three billion.

Anxious Indians raced for supplies after the world's second-biggest population was ordered not to leave their houses for three weeks.

Russia, which announced the death of two patients who tested positive for coronavirus on Wednesday, is expected to follow suit.

President Vladimir Putin declared next week a public holiday and postponed a public vote on controversial constitutional reforms, urging people to follow instructions given by authorities.

In Britain, heir to the throne Prince Charles became the latest high-profile figure to be infected, though he has suffered only mild symptoms.

The G20 major economies will hold an emergency videoconference on Thursday to discuss a global response to the crisis, as will the 27 leaders of the European Union, the outbreak's new epicenter.

China has begun to relax its own draconian restrictions on free movement in the province of Hubei -- where the outbreak began in December -- after the country reported no new cases.

Crowds jammed trains and buses in the province as people took their first opportunity to travel.

But Spain saw the number of deaths surge to more than 3,400 after 738 people died in the past 24 hours and the government announced a 432-million-euro ($467 million) deal to buy medical supplies from Beijing.

The death toll in Italy jumped in 24 hours by 683 to 7,503 -- by far the highest of any country.

The number of French deaths was up by 231 on Wednesday to more than 1,330, and metro and rail services in Paris were cut to a minimum.

Spain and Italy were joined by France and six more EU countries in urging Germany and the Netherlands to allow the issue of joint European bonds to cut borrowing costs and stabilise the eurozone economy.

The call is likely to fall on deaf ears when EU leaders talk on Thursday -- with northern members wary of pooling debt with big spenders -- but they will sign off on an "unprecedented" recovery plan.

At La Paz University Hospital in Madrid, nurse Guillen del Barrio sounded bereft as he related what happened overnight.

"It is really hard, we had feverish people for many hours in the waiting room," the 30-year-old told AFP.

"Many of my colleagues were crying because there were people who are dying alone, without seeing their family for the last time."

Coronavirus cases are also spreading in the Middle East, where Iran's death toll topped 2,000, and in Africa, where Mali declared its first case and several nations announced states of emergency.

In Japan, which has postponed this year's Olympic Games, Tokyo's governor urged residents to stay home this weekend, warning of a possible "explosion" of the coronavirus.

Jerusalem's Church of the Holy Sepulchre, believed by Christians to house Christ's tomb, was shut as Israel tightened movement restrictions.

The impact of the pandemic is also hitting European football, with leagues and tournaments cancelled, while the fate of the Wimbledon tennis tournament could be decided next week.

The economic damage of the virus -- and the lockdowns -- could also be devastating, with fears of a worldwide recession worse than the financial meltdown more than a decade ago.

But financial markets rose after US leaders reached agreement on a stimulus package worth roughly 10 percent of the US economy, an injection Senate Majority Leader Mitch McConnell said represented a "wartime level of investment."

Meanwhile, more than half of all Americans have been told to stay at home, including residents of the largest state, California.

The United States has at least 65,700 cases and 942 people have died.

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News Network
March 21,2020

Beijing, Mar 21: China reported no domestically transmitted coronavirus cases for the third consecutive day even as seven more fatalities have been confirmed, taking the death toll in the country to 3255.

No new domestically transmitted cases of COVID-19 were reported on the Chinese mainland for the third day in a row on Friday, China's National Health Commission (NHC) said on Saturday.

The overall confirmed cases on the mainland had reached 81,008 by the end of Friday, which included 3,255 who died, 6,013 patients still undergoing treatment, 71,740 patients who had been discharged after recovery, the NHC said.

The NHC said 41 new confirmed COVID-19 cases were reported on the Chinese mainland on Friday from the people arriving from abroad, taking the total number of imported cases to 269.

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News Network
January 10,2020

Washington, Jan 10: It is “highly likely” that Iran shot down the civilian Ukrainian jetliner that crashed near Tehran late Tuesday, killing all 176 people on board, U.S., Canadian and British officials declared Thursday.

They said the fiery missile strike could well have been a mistake amid rocket launches and high tension throughout the region.

The crash came just a few hours after Iran launched a ballistic attack against Iraqi military bases housing U.S. troops in its violent confrontation with Washington over the U.S. drone strike that killed an Iranian Revolutionary Guard general. The airliner could have been mistaken for a threat, said four U.S. officials, speaking on condition of anonymity to discuss sensitive intelligence.

Canadian prime minister Justin Trudeau, whose country lost at least 63 citizens in the downing, said in Toronto: “We have intelligence from multiple sources including our allies and our own intelligence. The evidence indicates that the plane was shot down by an Iranian surface-to-air missile.”

Likewise, U.K. prime Minister Boris Johnson and Australian prime minister Scott Morrison offered similar statements. Morrison also said it appeared to be a mistake. “All of the intelligence as presented to us today does not suggest an intentional act,” he said.

The assessment that 176 people were killed as collateral damage in the Iranian-U.S. conflict cast a new pall over what had at first appeared to be a relatively calm aftermath following the U.S. military operation that killed Iranian Gen. Qassem Soleimani.

At the White House, U.S. president Donald Trump suggested he believed Iran was responsible for the shootdown and dismissed Iran's initial claim that it was a mechanical issue with the plane.

“Somebody could have made a mistake on the other side.” Trump said, noting the plane was flying in a “pretty rough neighborhood."

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