Czech prison authorities break silence on allegations by Nikhil Gupta’s family: Human rights, legal standards followed meticulously

The Czech Republic’s Prison Service is an armed law enforcement agency responsible for managing prisons and administering sentences, pre-trial detention, and protective detention.

In a habeas corpus petition filed in the Supreme Court last week, Gupta’s family alleged that the extradition proceedings against him in the Czech Republic have been marred by procedural failures. The plea asked the Supreme Court to direct the Indian government to intervene in the extradition proceedings. Furthermore, the petition alleged that Gupta was repeatedly denied consular access, phone calls to his family, and forced to eat meat, though he is a vegetarian.

Asked about the allegations, the Prison Service spokesperson Jiří Jawan said that in the Czech Republic’s correctional facilities, there are both internal and external checks to make sure all standards are followed. Each facility has a state prosecutor overseeing the conditions, and they can take immediate action if there’s any wrongdoing, he said, adding that the prison service is regularly monitored by various organisations, including the Czech Ombudsperson and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

“I dare to say that, within prisons which are subject to the level of scrutiny mentioned above (not mentioning the scrutiny carried out by journalists and media), the human rights and all other legal standards and requirements – set to us by the respective legal acts – are being followed meticulously,” Kawan wrote in his email.

Regarding the specific allegation of calls being denied to his family, Kawan didn’t directly address Gupta’s case but mentioned that all inmates “are allowed to communicate with the ‘outside’ world”. He explained, “This can be done either by telephone, paper correspondence, regular physical visits, or also through video-calls.”

On the accusation that Gupta was forced to eat non-vegetarian food, he said, “Section 11 of the Act 293/1993 on Pre-trial Detention states that ‘…The prison shall provide pre-trial detainees with regular meals under conditions and at (nutritive) values that are appropriate to maintain their health, taking into account the state of their health, age, and requirements of their cultural and religious traditions.’ It is clear that, unless for health reasons, a pre-trial detainee can request a special diet based on their cultural and/or religious traditions and habits. Additionally, prisons often accommodate various diets due to inmates’ medical conditions, so a meat-free diet is not uncommon.”