Mehul Choksi's Extradition To India - Relevant Belgian Laws

Mehul Choksi's extradition from Belgium to India is governed primarily by Belgian national law, supplemented by the bilateral extradition treaty between Belgium and India. The process must also comply with broader European human rights obligations, which influenced the Court of Cassation's decision on December 18, 2025, to reject Choksi's appeal on grounds including fair trial rights, abduction claims, and risks of inhuman treatment. I have set out below a breakdown of the key Belgian laws and their relation to EU frameworks.

Key Belgian Laws and Statutes

Loi sur les extraditions - Extradition Act of 15 March 1874: This is the foundational Belgian statute governing extradition to non-EU countries like India. It outlines the procedures for passive extradition (surrender from Belgium), including requirements for a formal request, judicial examination, and final approval by the Minister of Justice.

The Extradition Act of 15 March 1874 has been amended over time (e.g., in 1856 and later to incorporate human rights safeguards) but remains the core law for non-treaty or treaty-based extraditions outside the EU.

Key requirements for an extradition

The key requirements for an extradition under the Extradition Act of 15 March 1874 are:

• Dual criminality: The offense must be punishable under both Belgian and Indian law.
• Seriousness: The alleged crime should be one with a minimum punishment threshold (e.g., at least one year imprisonment).
• Judicial process: The person being extradited has the right of judicial review in Belgium. This involves review by a Chamber of Indictments (or equivalent appellate court, as seen in Choksi's case with the Antwerp Court of Appeal), followed by potential appeals to the Court of Cassation.

Grounds for refusal

Extradition may be refused on grounds such as that the alleged offence is a political offense or that there is risk of persecution, or if the extradition would violate Belgian public order. In Choksi's case, the courts applied this act to validate India's request, dismissing his claims after assessing assurances from India on medical care, custody conditions, and fair trial protections.

Bilateral Extradition Treaty with India

Belgium and India have signed an extradition treaty, which came into force on March 21, 2020. This treaty replaced the pre-Independence 1901 Extradition Treaty between Great Britain and Belgium, which had been made applicable to India through an exchange of notes in 1954 (dated August 3 and November 6, 1954)

Compliance with EU Laws

The Belgian extradition laws for non-EU countries like India are primarily national and not directly based on EU laws, as EU frameworks focus on intra-EU cooperation. The EU's primary extradition mechanism is the European Arrest Warrant (EAW) under the 2002 Framework Decision (implemented in Belgium via the Law of 19 December 2003), which applies only between EU member states for simplified, mutual recognition-based surrenders. However, any extradition from Belgium must comply with EU fundamental rights obligations, which indirectly influence the process.  As an EU member, Belgium must ensure extraditions align with the EU Charter of Fundamental Rights (e.g., Article 19, prohibiting extradition to states with risks of death penalty, torture, or inhuman treatment without assurances). This overlaps with the European Convention on Human Rights (ECHR, a Council of Europe treaty that Belgium has incorporated into domestic law), which the Court of Cassation referenced in confirming "European human rights standards." EU law (via the Treaty on European Union and Court of Justice rulings) requires national courts to refuse extradition if it violates these rights, as seen in Choksi's case where objections were dismissed after verifying no such risks. Belgium also adheres to the Council of Europe's European Convention on Extradition (1957), but India is not a party, so this EU Convention doesn't directly apply in Choksi’s case. Instead, the India Belgium bilateral treaty will take precedence.