India Navigates Legal And Diplomatic Maze As Ex-Navy Personnel Face Death Penalty In Qatar

India is grappling with tough legal challenges following the death sentence handed down to eight Indian nationals, all of whom are former personnel of the Indian Navy, in Qatar.

The situation calls for careful navigation of legal and diplomatic complexities as India seeks to find a solution.

India is currently exploring various legal and diplomatic avenues to offer assistance to the eight individuals who are currently facing the death penalty.

According to a Financial Times report, the eight Indians have been accused of spying for Israel.

However, there has been no official statement from the Indian authorities regarding these charges.

According to sources cited in an Indian Express report, following the verdict from Qatar's Court of First Instance, the Indian embassy in Doha is seeking assistance from prominent legal experts in Qatar. This includes reaching out to a former government counsel who has experience in a top Qatar court, in order to appeal the sentence.

The embassy is seeking guidance on the death row case from a pair of prominent lawyers in Doha.

The examination also includes an analysis of the charges and the rationale behind the court's severe judgment of the offense.

The lack of transparency surrounding the entire trial is also a legal concern, and Delhi is making efforts to obtain access to the court documents.

The Qatari authorities reportedly did not provide any explanation for the arrest of the eight men.

As legal assistance is sought to prepare an appeal in the higher court, efforts are also being made to submit a mercy petition to the Emir of Qatar.

Currently, a dual approach of pursuing both the appeal and mercy petition is being considered. It is worth noting that the Emir has previously granted pardons during Eid.

New Delhi is also actively engaging with Doha through diplomatic channels, as the foreign ministries of both countries have a strong and robust relationship.

The economic relationship between the two countries is robust, with LNG imports from Qatar playing a significant role in the ties. Additionally, the investments made by Qatar Investment Authority in India's new economy are substantial.

Qatar has made significant investments in various Indian companies since 2019. These investments include Bharti Airtel's AirtelAfrica, BYJU's, Adani Transmission Ltd, Adani Green Energy, Reliance Retail Ventures Limited (RRVL), Swiggy, Dailyhunt, Allen Career Institute, and others.

Investments aside, there are also significant political connections between India and Qatar.

In recent years, there have been high-level visits, such as Prime Minister Narendra Modi's trip to Qatar in June 2016 and the Emir of Qatar, Sheikh Tamim bin Hamad Al Thani's State Visit to India in March 2015. Additionally, External Affairs Minister S Jaishankar has made multiple visits to Doha.

India and Qatar also have strong defence ties, with defence cooperation being an important aspect of their bilateral agenda.

India provides training opportunities in its defence institutions to several partner countries, including Qatar. Additionally, India actively participates in the biennial Doha International Maritime Defence Exhibition and Conference (DIMDEX) held in Qatar.

Naval and Coast Guard ships from India regularly visit Qatar as part of their bilateral cooperation and interaction.

The Defence Cooperation Agreement between India and Qatar, initially signed during the Prime Minister's visit to Qatar in November 2008, was recently extended for a period of five years in November 2018. These defence stakes held by India can potentially help foster closer relationships within the Qatari establishment.

According to sources cited in IE report, influential members of the Indian community will be enlisted to assist in navigating the Qatar establishment, as they are perceived as law-abiding individuals.

Given Qatar's significant influence in global diplomacy, such as hosting the Taliban's global mission in Doha and its recent efforts in securing the release of US hostages from Hamas, Delhi will be strategically engaging with various aspects of the Qatari establishment, including politics, economics, defense, and the Indian community.

Delhi is facing a diplomatic challenge due to the timing of the verdict, as it coincides with a period when spying for Israel holds political implications for many Arab countries. This presents a significant challenge for the Indian establishment in an already polarized environment in West Asia.

What offers a glimmer of hope in New Delhi is the very rare use of the death penalty in Qatar. The Gulf state had its last execution in 2020, with the previous one taking place in 2003.

The Indian embassy in Doha is actively exploring various avenues, with Deepak Mittal, the former Indian envoy to Doha and current Joint Secretary in the Prime Minister's Office, being assigned the responsibility of closely monitoring the case.

Mittal had three meetings with the detainees while they were being held by the authorities.

After being arrested last year, the ex-Navy individuals were granted some respite by Qatari authorities. They were transferred from solitary confinement to a jail ward where they shared a double-bed room with their fellow colleagues.

Despite being taken by surprise this time, the Indian embassy has previously demonstrated its ability to navigate through difficult situations. It is currently employing all available diplomatic means to ensure that Indian nationals receive the necessary assistance they require.

One possible option is the transfer of prisoners agreement signed in 2015 between India and Qatar.

India has signed prisoner transfer treaties with several countries, which enable individuals convicted of crimes to be sent back to their home country to serve their prison sentences.

To request a transfer, a prisoner should inform the Indian embassy or consulate of their desire. The application will then need approval from both the foreign country and the Government of India. However, in order for the prisoner to serve the remainder of their sentence in India, there must not be an ongoing appeal against their imprisonment in the foreign country, the IE report said.

But for that, it needs to be converted from a death sentence into a life imprisonment at least.

According to the sources cited in the IE report, that will be the last resort, but as of now, they want to appeal the death sentence itself.

In August 2022, several Indian employees of Dahra Global, a company based in Doha, were arrested and placed under custody.

The charges against the Indian nationals have not been disclosed by Qatari authorities. However, reports indicate that these individuals were privately employed by Dahra Global to oversee the induction of Italian small stealth submarines U2I2.

The individuals who were arrested and identified as Captain Navtej Singh Gill, Captain Birendra Kumar Verma, Captain Saurabh Vasisht, Commander Amit Nagpal, Commander Purnendu Tiwari, Commander Sugunakar Pakala, Commander Sanjeev Gupta, and Sailor Ragesh, were all previously employed by the Indian Navy and are currently working for Dahra Global.

The Ministry of External Affairs responded to the order on Thursday, stating that it considers this case to be of great importance and is currently examining all available legal avenues.

“We are deeply shocked by the verdict of death penalty and are awaiting the detailed judgment. We are in touch with the family members and the legal team, and we are exploring all legal options,” it said.

The Ministry of External Affairs (MEA) has confirmed that it will provide all consular and legal support to Indian citizens.

“Due to the confidential nature of proceedings of this case, it would not be appropriate to make any further comment at this juncture,” it said.