India gets Tahawwur Rana, but US extradition pact curbs prosecution scope

Under the US-India extradition treaty, India must ensure Tahawwur Rana is not tortured, gets adequate prison protection, and is tried only for offences listed in the extradition

Tahawwur Hussain Rana, a key accused in the 2008 Mumbai terror attacks and among India's most wanted individuals, landed in Delhi on Thursday amid tight security. He faces multiple charges, including criminal conspiracy, waging war against the nation, murder, forgery, and offences under the Unlawful Activities (Prevention) Act.

 

A Canadian national of Pakistani origin, Rana operated out of Chicago and is accused of playing a central role in planning the 26/11 attacks that killed 166 people in Mumbai. He was arrested by the FBI in October 2009 and convicted in the US in 2011 on conspiracy charges not directly related to the Mumbai attacks. Since then, he had been held at a federal detention facility in Los Angeles.

 

In line with the 1997 India-US Extradition Treaty, specific legal conditions apply once an individual is extradited to India:

 

Seizure and surrender of property

 

The requested state may seize and surrender items linked to the offence, even if the accused has died, escaped, or disappeared. “Surrender may be delayed or conditioned on return assurances,” the treaty notes. It also emphasises that “third-party rights in the property shall be respected.”

 

Rule of speciality  

 

The Indian authorities are restricted from prosecuting Rana for any offence other than what was specified in the extradition request. However, exceptions exist if the new charges are based on the same facts, if committed after extradition, or if the US consents.

 

Restriction on re-extradition

 

India cannot transfer Rana to a third country for offences committed before his extradition unless permission is obtained from the US. "A person extradited under this Treaty may not be extradited to a third state for an offense committed prior to his surrender unless the surrendering state consents," the treaty states.

 

Right to fair trial

 

India is obligated to ensure Rana receives a fair trial, upholding his rights under both domestic and international legal frameworks.

 

Extradition costs

 

India will represent and assist the requesting state in extradition proceedings. “Translation and transport costs are the Requesting State’s responsibility,” the treaty states, while other local costs are borne by the requested state. Neither state may demand compensation for arrests or related actions.

 

Mutual legal assistance in extradition

 

Each state must provide the broadest possible legal assistance in criminal matters tied to extradition requests, “to the extent permitted by its law,” the treaty states.