The law often
works excruciatingly slowly and in dark, convoluted ways. Overshadowed internationally
by the latest episode in the 12-year-old legal saga being enacted in Britain over the radical Muslim cleric Abu
Qatada, there is lingering concern in Portugal
about gangster Abu Salem who is facing trial for alleged heinous crimes committed
in India
two decades ago.
Born into a
modest family in the north of India
in 1968, Abu Salem rose rapidly from taxi driver and petty crook to billionaire
underworld don. He is accused of involvement in extortion, murder and playing
an active role in the 1993 Mumbai bomb atrocities that killed more than 250
people and injured 700.
Portuguese police
arrested Salem in Lisbon in 2002 along with his Bollywood
actress girlfriend Monica Bedi. She went on to serve two years in a Portuguese
jail for her association with Salem
and possessing forged travel documents.
In February 2004
a Portuguese court approved Salem’s extradition
to face charges in India.
He was eventually deported in November 2005. The deportation was dependent on
Indian government assurances that Salem
would not face the death penalty or be kept behind bars for more than 25 years.
Portugal was one of the
first countries in the world to abolish capital punishment. It imposed an
absolute ban long before joining the prohibition under the European Convention
on Human Rights in 1976.
While Salem awaited trial, police in New Delhi and Mumbai came up with further
charges carrying the death penalty. A court in Portugal responded in September 2011
by cancelling the earlier deportation ruling. Then last July, with Salem still incarcerated
in a high-security Indian prison, the Portuguese Supreme Court upheld the lower
court’s cancellation.
Last week while
on a visit to India with a
business delegation to discuss bilateral economic, trade and social security
arrangements, the Portuguese foreign minister raised the matter of Salem’s extradition with
his Indian counterpart.
“I think the
judiciary in Portugal
has raised some issues. The judiciary here in our country will take care of
them,” External Affairs Minister Salman Khurshid said in a joint press
conference with Paulo de Sacadura Cabral Portas.
Mr Khurshid
conveyed India's “deep
appreciation for the positive support” extended by Portugal on the extradition. He
said India
would “remain compliant with the expectations,” of the Portuguese legal system
and judiciary, an assurance of sorts that Cabral Portas found “reasonable.”
Efforts in Britain to deport Abu Qatada to Jordan to face
terrorism charges have been going on now for seven years at a cost to the
British taxpayer of half a million pounds in legal aid alone. Despite
assurances from Jordan,
it is argued that confessions obtained by torture would be used against Qatada.
While his continued presence infuriates the British government, Justice
Minister Lord McNally said this week that the legal protection holding up the deportation
request was “part of what makes us a civilised society.”
In marked
contrast to all this ponderous deliberation, the attempt by law enforcers in
the United States to
extradite the former Black Panther, convicted murderer, prison escapee and
hijacker George Wright was dealt with in Portugal remarkably swiftly.
Arrested near Lisbon in September 2011 after 41 years on the run, the FBI
wanted Wright back in America
to serve the rest of his 1972 New
Jersey jail sentence. By the time they tracked him
down, however, he had morphed into José Luís Jorge dos Santos, 67, a Portuguese citizen married to a
Portuguese woman by whom he had fathered two sons in a country with a statute
of limitations, even for murderers.
In less than two
months, a panel of three judges ruled that the statute of limitations had
expired and so Mr Wright a.k.a. Sr Santos could not be extradited. A month
later the decision was upheld by Portugal’s Supreme Court and the
case formally closed. Wright was suddenly a free man for the first time in 50
years.
Meanwhile, there
has been much criticism of endemic inefficiency in the execution of justice in Portugal,
so much so that judicial reform was one of the key demands in the €74 million
bailout deal. Also, a recent study indicated
that the Portuguese are among the citizens of Europe
with the least confidence in their country’s legal system.
Flawed as it is, though,
some might argue that in some ways, highlighted by the cases of Abu Salem and
George Wright, the legal system here is part of what makes this a civilised
society.