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India, France sign extradition treaty

By Anjali Mody

PARIS JAN. 24. The Deputy Prime Minister, Lal Krishna Advani, concluded his official visit to France today with the signing of a bilateral extradition treaty.

Speaking to the media soon after signing it, Mr. Advani and the French Justice Minister, Dominique Perben, said the treaty was a reflection of the strengthened legal and judicial understanding and the relationship of trust between the two countries.

Mr. Perben was asked what his country's position was on extradition of persons who might face the death penalty. He said this was an issue that France had dealt with earlier in relation to extraditions to countries including the United States. France would not, he said, extradite a person to a country where he was likely to face the capital punishment unless the Government of that country gave a "formal undertaking" that this would not happen.

Mr. Advani clarified that India too had dealt with this divergence in law, most recently in the case of Portugal. India, he said, would give France the same undertaking not to award capital punishment when seeking the extradition of an accused, just as it had to Portugal.

France does not extradite French nationals. Mr. Perben was asked how the extradition treaty with India impacted on this. He said it did not as this was "almost a constitutional provision". But, he clarified, in case a French national was wanted in connection with crimes committed in another country, there were provisions in French laws to prosecute him in France.

Later, at a press conference, Mr. Advani said that if America could make Pakistan a democracy, it would make it a lot easier for India to deal with Pakistan. He was responding to a question on the attitude of countries such as France and the U.S., which saw the Pakistan President, Pervez Musharraf, as an important part of any solution to the problems in the region. He said that contrary to the view abroad India did not see Gen. Musharraf as the problem. It was Pakistan's "anti-Indian mindset" that was the reason for the problems.

Mr. Advani was asked about the divergence and convergence of views between India and France. He said there was no divergence. There was a convergence of views on terrorism, financing of terrorism and the need to be firm with those supporting terrorism. France as chair of G-8 countries had raised the issue of dealing with the financing of terrorism.

Asked what had led to the killings and violence in Gujarat, Mr. Advani said that since independence "periodically something or other took place leading to riots and communal violence". In February last year, there wasa ghastly tragedy at Godhra, Gujarat, when a train was attacked and innocent citizens were killed. This triggered a phase of communal riots in that State. While it took some time for the Government to control riots, it had taken stern action, including shooting to death of some 200 people. Yet, "a campaign of calumny" was unleashed against the Government there, particularly against the leader there, "which I believe is unfair". The elections, which returned the Modi Government to power, were a backlash against this campaign.

To a question on India's deal to buy nuclear weapons technology from Russia even while supporting the elimination of weapons of mass destruction in Iraq, Mr. Advani said the Government in 1998 had decided that India must have a minimum nuclear deterrent. By and large, the world accepted that India's stance was justified Asked about India's views on North Korea's acquisition of nuclear technology, he said India was also concerned that North Korea was taking steps which did not help the cause of world peace.

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