Canada judge rejects extradition to India over torture fears

AP News
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Posted: Feb 26, 2016 3:28 PM

VICTORIA, British Columbia (AP) — The mother and uncle of a Canadian woman who was the victim of an alleged "honor killing" have had their extradition order to India overturned by British Columbia's appeal court over concerns they will be tortured.

A B.C. Supreme Court judge had ordered the surrender of Malkit Sidhu and Surjit Badesha to police in India in 2014 after finding there was enough evidence for them to face trial for the murder of 25-year-old Jassi Sidhu.

She had fallen in love with a rickshaw driver on a trip to India and secretly married him several years later against the wishes of her family who had already arranged a marriage. She fled Canada for India to reunite with her husband.

She was stabbed to death and found in a canal in Punjab province in 2000. Her husband survived the assault.

In a split decision, Justice Ian Donald said in his ruling Friday that India's assurances about protecting prisoners are empty because of its record of human rights abuses.

Donald said that while the case against the mother and uncle is strong and their extradition was approved by the former Conservative government, the justice minister should consider whether the pair could be tried in Canada.