Hindustan Times (East UP)

French woman held under 1897 treaty sues India

- Sunetra Choudhury letters@hindustant­imes.com

NEW DELHI: A 62-year-old French citizen’s fight to get compensati­on from India for illegally detaining her for more than a year during a pilgrimage to Buddhist sites in the country has been backed by the United Nations Working Group on Arbitrary Detentions.

The internatio­nal human rights body confirmed that on February 16, India sent its response to the charge of violating internatio­nal human rights law and other rights codified in the 2015 minimum standards of treatment of prisoners, also known as the Mandela Rules.

“The Government’s reply is not made public due to its confidenti­al nature,” the UN body said on its website.

The story of how Marie-Emanuelle Verhoeven, who earlier served as a UN prison officer in Chile, ended up spending 17 months in 2015-16 in Tihar Jail is dramatic. She was imprisoned in India on a Red Corner notice issued by Chilean authoritie­s and extraditio­n proceeding­s were started against her, which she contested.

Although the Chilean government accepted there was no extraditio­n treaty between the two countries, India invoked an 1897 agreement between Britain and Chile, and the fact that India was a British colony at the time, to justify the extraditio­n proceeding­s.

The Delhi high court eventually dismissed two cases of extraditio­n against her and Verhoeven returned to France in July 2017.

But she hasn’t forgotten the trauma of being beaten up in Tihar by another inmate, not being allowed to speak to her family properly when her father died, and being denied medical attention. She also hasn’t forgotten that the state delayed her release (according to her), even after being discharged.

“I still don’t understand why it all happened. There was no case, there was absolutely nothing and my country France was with me. Why did they jail me for so long? I still cannot sleep thinking about it,’’ said Verhoeven. “I love India and it was my second home due to its spirituali­ty, but why did they have to treat me like this on a bogus charge?’’

The ministry of external affairs said it had nothing to share on this case at the moment.

Now living in France with her family, Verhoeven was in Chile from 1985 to 1995, and joined the UN Economic Commission for Latin America and the Caribbean in 1987 in Santiago. Her work in human rights included being an officer of prison administra­tion, and according to her lawyer Ramni Taneja, that’s where she came in contact with inmates who were accused of the 1991 assassinat­ion of senator Jaime Guzman Errazuriz.

There was no warrant or proceeding­s when she went back to France, but Chilean authoritie­s said new informatio­n emerged in 2010 about her involvemen­t in the case, after which a Red Corner notice was issued against her in January 2014.

Verhoeven was first detained in Hamburg, Germany, in the same month, but five months later, a German court ruled that the detention was unlawful. While her lawyers worked to quash the notice, she travelled to India to visit Buddhist sites, as she had done in 2011, 2012 and 2013.

But this time around, she was detained on February 16, 2015, and the Indian system proved much more traumatic.

Just like the German court, the Delhi high court on September 21 that year called her detention illegal. However, instead of instantly releasing her, authoritie­s issued a fresh warrant and a new extraditio­n proceeding started.

Questionin­g the need for that, the UN working group has asked India: “Please provide a precise explanatio­n as to why..in spite of that (court decision), the authoritie­s in Tihar Jail did not release her.”

“They made up some story when I went to get her. And then, to our shock, we realized that they had started a fresh proceeding. My client was traumatise­d,’’ said Taneja.

The second extraditio­n proceeding continued till July 2, 2016, when she was finally granted bail before the government dropped the extraditio­n proceeding­s.

“During the first four months of her arbitrary detention at Tihar Jail (from February 2015 till May 2015), Verhoeven was deprived of the right to communicat­e with the embassy of France, as the French embassy was not granted permission by the government of India to meet her,’’ said Taneja.

Throughout her detention, Verhoeven wrote letters documentin­g her ordeal — threats by jail officials, an assault by another inmate, and lack of proper medical care.

French diplomats at the time pursued the case diligently with Indian authoritie­s. In a 2016 diplomatic note, which has been seen by HT, they requested India to accept her request for bail. In another communicat­ion, they expressed concern about Verhoeven going on a hunger strike in prison.

The French embassy in Delhi did not comment on the matter till press time.

Even after returning to France, Voerhoeven couldn’t get over the entire experience. So in 2018, her lawyers moved the UN and also a petition in Delhi high court for compensati­on.

As part of her legal fight, they submitted 10,000 pages of evidence sent to the UN, and with the recent order, her stand seems to be vindicated.

“I don’t want what happened to me to happen to anyone else, and that’s why I’m doing this,’’ Voerhoeven said.

Now that a favourable order has come from the UN, she is hoping that the Delhi high court also gives adequate compensati­on at the hearing next month.

 ?? AFP ?? Marie-Emanuelle Verhoeven with Ramni Taneja
AFP Marie-Emanuelle Verhoeven with Ramni Taneja

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