Sheikh Hasina’s Extradition from India to Bangladesh

The Chief Prosecutor of Bangladesh’s International Crimes Tribunal (ICT) has announced plans to seek the extradition of ousted leader Sheikh Hasina from India.

• The tribunal was established in 2010 by the former Bangladesh Prime Minister to investigate crimes committed during the 1971 independence war from Pakistan.

Background

• Refuge in India: Ms. Sheikh Hasina sought refuge in India in early August following a mass uprising that forced her resignation.

• Criminal Charges: Since her departure, several criminal cases have been filed against Ms. Hasina and her aides. The charges include: Murder,Torture ,Abduction, Crimes against humanity and Genocide.
• Diplomatic Passport Revoked: The new interim government in Dhaka has revoked Ms. Hasina’s diplomatic passport. 
• Bilateral Extradition Treaty Exists: Additionally, India and Bangladesh have a bilateral extradition treaty in place that could allow for her return to face trial.

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Extradition Treaty between India and Bangladesh

• About Extradition: Extradition is the formal process by which one country requests and obtains the surrender of an individual from another country to face criminal charges or serve a sentence for a crime committed within the requesting country’s jurisdiction.
• Difference between Extradition and Asylum: The process of returning the convict or accused to the nation he escaped from is called extradition. Whereas, Asylum is when a country gives protection to individuals who are being prosecuted by another country.
• Extradition Treaty (2013): India and Bangladesh signed an extradition treaty in 2013 to tackle issues of insurgency and terrorism along their shared borders.
• Amendment (2016): The treaty was amended in 2016 to simplify the process of exchanging fugitives wanted by both nations, facilitating smoother extraditions.
• Legal Justification for Extradition: The extradition of Ms. Hasina is deemed critical to ensure the fairness of her trial under the International Crimes (Tribunals) Act, 1973, and for enforcing judicial orders.
• Extradition Precedents:The treaty has already facilitated notable extraditions, including:
  • Sheikh Mujibur Rahman Assassination Case (2020): Two convicts involved in the 1975 assassination of Sheikh Mujibur Rahman were extradited to Bangladesh for execution.
  • Anup Chetia (ULFA Leader): India secured the extradition of Anup Chetia, general secretary of banned United Liberation Front of Assam (ULFA), after 18 years of imprisonment in Dhaka.
• Extradition Criteria:
  • Minimum Sentence Requirement: The treaty mandates the extradition of individuals charged with or convicted of crimes that carry a minimum sentence of one year’s imprisonment.
  • Dual Criminality Principle: Extradition requires that the offence be punishable in both India and Bangladesh. 
    • Since the charges against Ms. Hasina are prosecutable in India and carry substantial penalties, she qualifies for extradition.
• Scope of Offences: The treaty covers not only direct criminal acts but also attempts to commit crimes, as well as aiding, abetting, inciting, or acting as an accomplice.
• 2016 Amendment to the Extradition Treaty:
  • Lowered Evidence Requirement: The 2016 amendment removed the need to provide concrete evidence against the offender for extradition.
  • Arrest Warrant Sufficient: Under Article 10 of the treaty, an arrest warrant from a competent court in the requesting country is enough to initiate the extradition process.

Grounds for India Refusing Extradition of Ms Hasina

• Political Nature of the Offence (Article 6)
  • Exemption for Political Offences: Extradition may be refused if the offence is of a “political nature.”
    • Limitations on Political Exemption: Crimes such as murder, terrorism-related offences, and kidnapping are excluded from being classified as political.
  • Ms. Hasina’s Charges: Charges like murder, enforced disappearance, and torture fall outside the political offence exemption, making it unlikely for India to refuse extradition on these grounds.
• Lack of Good Faith or Justice (Article 8): Extradition can be denied if the request is not made in good faith or is not in the interests of justice.
• Military Offences Exemption: Refusal is possible if the offence is a military one not recognized under general criminal law.
• Potential Political Persecution: India may argue that Ms. Hasina could face political persecution or an unfair trial, especially in light of reports of Cabinet ministers being mistreated while under arrest in Bangladesh.

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Diplomatic and Political Implications of the Impending Extradition

• No Guarantee of Extradition: The treaty does not guarantee Ms. Hasina’s extradition, as the final decision will depend on diplomatic negotiations and political factors.
• Diplomatic Relations Impact: Some of the experts argue that even if India declines the extradition request, it would likely be a minor political irritant and would not significantly damage bilateral relations.
• Bilateral Trade: Bangladesh is India’s largest trade partner in South Asia, with bilateral trade reaching $15.9 billion in the fiscal year 2022-23.
• Comprehensive Economic Partnership Agreement (CEPA): Prior to Ms. Hasina’s ouster, both nations were preparing to begin discussions on a CEPA to further strengthen economic ties.
• Post-Regime Change Support by India: After the regime change in Dhaka, Indian Prime Minister Narendra Modi spoke with the new interim government’s Chief Adviser, Muhammad Yunus, pledging continued support for ongoing development projects.
• Post-Regime Change Support by India: After the regime change in Dhaka, Indian Prime Minister Narendra Modi spoke with the new interim government’s Chief Adviser, Muhammad Yunus, pledging continued support for ongoing development projects.

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