Bookie alleges rights breach in Tihar, fights extradition

LONDON: Alleged bookie

Sanjeev Chawla

, who was due to be extradited within days, has made a last-ditch appeal at the European Court of Human Right (ECHR) to suspend his repatriation on the grounds that he would be denied basic human rights in

Tihar jail

and barred from having consular access if imprisoned in India.


Chawla is accused of fixing cricket matches in cahoots with former South African captain Hansie Cronje

A spokesperson for the ECHR, the international court based in Strasbourg,

France

, told TOI: “On 29 January 2020, Chawla made a request for an interim measure to stop his

extradition

and no decision has yet been taken by the European Court of Human Rights.”

“The applicant relies on Article 3 (prohibition of inhuman or degrading treatment) of the European Convention,” the spokesperson added.

Interim measures are granted by the ECHR where there is a risk that serious violations of the European Convention on Human Rights might occur. If granted, it means the ECHR will suspend the extradition order against Chalwa for a fixed period of time.

A legal source told TOI: “It is possible the ECHR could give a short injunction preventing his removal to India whilst they look at his case. If unsure they may grant the injunction for a few weeks and request further submissions. Or it could be for few months or it could be until his case his is considered and judged on — which could take up to five years. If his case is admissible and the ECHR decides there has been a violation of the Convention, the ECHR could ultimately prevent his extradition to India. But there is nothing to stop him being removed to India whilst the Rule 39 is being considered.”

Chawla is not currently in custody but has bail conditions which include travel restrictions.

A high proportion of requests for interim measures are refused. In 2019, out of 82 requests made for interim measures with the UK as the respondent state, none were granted. In 2018, one was granted out of 137 requests.

TOI understands that Chawla is claiming denial of basic human rights in Tihar Jail and a lack of consular access if imprisoned there, in his request for an interim measure pursuant to Rule 39. Throughout his extradition trial, he had claimed he would be subjected to torture and could face intra-prisoner violence and there were inadequate medical facilities, contrary to Article 3 of the European Convention on Human Rights, in Tihar Jail. The ECHR is his only option left to prevent extradition, as he has exhausted all domestic remedies.


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