'Extradition Only If Proved Guilty'
Reputed Portugese lawyer Herculano Vieira on why Abu Salem's extradition is going to be a difficult and time-consuming process.
Herculano Vieira, one of Portugal's most reputed lawyers, says it won't be an easy task extraditing underworld operator Abu Salem, currently in custody in Lisbon with his second wife, Bollywood starlet Monica Bedi, to India. Vieira, of the Portuguese Refugee Council, says that Article 33 of the Portuguese Constitution makes extradition difficult since it is categoric that "extradition for political reasons is not permitted" and that "there will be no extradition for crimes corresponding to death penalty according to the law of the requiring country". In an exclusive interview to Outlook, Vieira points out that extradition can only be affected judicially and not through political or diplomatic pressure. Moreover, Abu Salem, charged with travelling on a fake passport (his wife Bedi is being held for bigamy because of her two marriages—with Salem and a Portuguese citizen from Goa, Kumar Ramesh) has to be first tried for crimes committed in Portugal. This makes his possible extradition a time-consuming process. Vieira spoke to Mario Dujisin, in Lisbon. Excerpts:
Indian authorities claim that Abu Salem is involved in terrorist activity and has links with Al Qaeda. Isn't that a strong case for extradition?
Is it necessary that the cases against Salem and Bedi are tried before extradition can even be considered?
Are we talking in terms of months or even years?
And only then can an extradition process be started.
But India has already guaranteed that death penalty will not be applied in this case.
Could you elaborate on that?
Since there is no extradition treaty between Portugal and India, do you think it's possible that a bilateral agreement between Lisbon and Delhi can be reached in Salem's case?
So we can then conclude that even though the crimes allegedly committed by Abu Salem are terrible, the law must come first.
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