With no family in India, 44 Somali pirates seek first-ever transfer home under treaty
The Somali pirates, sentenced to life by a Mumbai court last week, say the move would let them stay close to family in their country, subject to approval by both the governments.
A week after a Mumbai special court sentenced 44 Somali pirates to life imprisonment, the convicts have moved Indian and Somali authorities seeking a transfer to serve out their sentences in Somalia, under the 2017 India-Somalia Agreement on the Transfer of Sentenced Persons.
If approved, they would be the first prisoners transferred under the bilateral treaty, which lets nationals convicted in either country serve their sentences at home, subject to consent from both governments and treaty conditions.
The representations, filed a day after the conviction, went to the Union Ministry of Home Affairs (MHA), the Ministry of External Affairs (MEA), the Embassy of Somalia in India and Somali authorities. The convicts, lodged in Taloja Central Jail, moved the applications through lawyers Samyak Gimekar, chief of the Mumbai Legal Aid Defence Counsel System (LADCS), and Sumit Kokate.
The special court sentenced the men on July 20 after finding them guilty under provisions including the Maritime Anti-Piracy Act, 2022. All the accused had pleaded guilty.
The convicts said they meet the treaty’s eligibility criteria and should be allowed to serve the rest of their term in Somalia, “subject to the fulfilment of all other statutory and treaty requirements.”
“The object of the Agreement is to promote the social rehabilitation of sentenced persons by enabling them to serve their sentences in their country of nationality,” the representation states, adding that the transfer would let the convicts stay close to family while serving out their term in Somalia.
The MHA is the nodal authority for such requests, though transfer isn’t automatic and needs consent from both governments. Special Public Prosecutor Ranjeet Sangle had told the convicts after sentencing that they could apply through jail authorities if they wanted a transfer.
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The 44 men have said they want to serve their sentence in Somalia so their families can visit them in prison. Their representation asks both governments to begin the required consultations.
India repatriated 117 Somali nationals in 2018 after they completed seven-year terms, but no one has been transferred under the 2017 agreement so far, making this the first such request.
Nine of the convicts were arrested after the Navy intercepted an Iranian fishing vessel, carrying Pakistani crew, that they had hijacked in March 2024. Later that month, the Navy apprehended 35 more pirates for allegedly hijacking a merchant vessel. All were brought to Mumbai and arrested by Yellow Gate police.
Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues.
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