Christian Michel’s letter from Tihar jail to Boris Johnson queers pitch ahead of virtual summit

Christian Michel, a British arms and aviation consultant who was allegedly abducted from Dubai on 4 December 2018 and has been imprisoned in Delhi since then without a trial, has raised the injustice experienced by him on the eve of a virtual bilateral meeting between the United Kingdom’s Prime Minister Boris Johnson and Narendra Modi on 26 April. The online interface is expected to produce an “Enhanced Trade Partnership” between the two countries.

In a poignant letter to Johnson dated 24 April, Michel said: “I don’t want to die here. I need to see my family again. Prime Minister, please don’t abandon me.” This was jointly revealed by Michel’s French lawyers, Fancois Zimeray and Jessica Finelle and his British lawyer, Toby Cadman.

Johnson was asked to comment on the matter. Neither he nor his office had done so up to the time of this story was filed. Michel has pointed to his plight at an awkward moment for the British premier. Johnson wouldn’t want to disturb his summit with Modi. At the same time, ignoring the issue would elicit criticism from human rights circles in Britain. So, the chances are the subject will be taken up by the British Foreign Secretary Dominic Raab with his counterpart External Affairs Minister S Jaishankar rather than as part of talks between Johnson and Modi.

Michel’s communication came from: “Tihar Jail No 1, E Ward High Security, Isolation Block A.”

He went on to say: “I believe that my life is in danger. I have been surviving inhumane conditions in this prison; these have largely been denounced by the international community. I am also suffering with a renal illness and have had no access to adequate treatments, so I have been particularly at risk during the current health crisis. On top of this physical pain, I am also undergoing psychological trauma due to my permanent isolation and not being able to communicate with my family.”

He continued: “My case has been publicised and instrumentalised to the highest level. It is political and I have no recourse, no way out. I am not allowed to freely communicate with my lawyers and so I cannot prepare for my trial in a satisfactory manner. Even if I could, the trial will probably be marred by serious violations of the fundamental principles of a fair trial.”

He concluded: “My rights have been violated and continue to be violated every minute of every day.”

In February, the United Nations Working Group on Arbitrary Detention (UNWGAD), in response to a complaint by Michel’s lawyers, found the Modi government culpable on every count. It stated: “The Working Group considers that, taking into account all the circumstances of the case, the appropriate remedy would be for the Government of India to release Mr Michel immediately.” It warned of consequences if the Modi regime didn’t comply.

Michel is accused of paying bribes to secure a Rs3,600 crore VVIP helicopter deal for the Anglo-Italian firm AgustaWestland. His Indian lawyer Aljo Joseph remarked “the charge-sheet is baseless”. Michel was, in fact, exonerated by the Italian judiciary, where one of the judges commented, the imputation against him was “an accusatory hypothesis” and that there was “conclusively no evidence of corruption”.

Last week, Joseph approached Special Judge Arvind Kumar in Delhi for Michel’s “unconditional bail” in both the Central Bureau of Investigation and Enforcement Directorate cases against Michel based on the UNWGAD order. The judge ordered the investigating agencies to submit their reply by 6 May.

It’s widely believed in diplomatic and political circles in London that the British government has maintained a low profile on Michel’s behalf because otherwise there might have been a danger of derailing the ETP. After its exit from the European Union, Britain needs trade deals with other nations to compensate for the loss in turnover as a result of leaving the significant European single market.

Lord Tariq Ahmad, Minister of State in the United Kingdom’s Foreign Office who deals with human rights, returned empty-handed from a visit to India in March in course of which he met Jaishankar, among other ministers.

An Indian diplomat on conditions of anonymity indicated the Indian government was seeking a quid pro quo between the extradition of absconding Indian businessmen in Britain and Michel’s release. The truth is, the Modi government itself let Lalit Modi off the hook, it's rumoured Vijay Mallya has applied for asylum, while it remains to be seen if Nirav Modi appeals against the deportation decision against him. Both Mallya and Modi's hearings have occurred transparently and judgements have been passed.

In none of the instances has there been any indictment from the UN or any other body about unfairness on the part of the British government or judiciary. Both are obliged to adhere to the UK's strict human rights laws. Besides, the British judiciary cannot commonly be pressurised in anyway by the executive.

Zimeray, Finelle and Cadman stated in a press release: “Christian is a victim of an overtly politicised process. He has not enjoyed due process, and he has not enjoyed those fair trial and procedural safe-guards that ought to be guaranteed.” They called on British authorities to protect him.

The spokesman of Indian Ministry of External Affairs was invited to comment on developments. It had not responded up to the time of sending this piece.