How Bangladesh Is Planning To Secure Former Prime Minister Sheikh Hasina’s Extradition?

Bangladesh’s  newly appointed chief prosecutor of International Crimes Tribunal (ICT), Mohammad Taijul Islam, on Sunday, announced that the country would take necessary actions to secure the extradition of deposed former Prime Minister Sheikh Hasina from her exile in India. He stated that steps would be taken to bring Hasina back under the extradition treaty with India to face charges related to mass killings during the student-led protests in July and August.

At a press briefing in Dhaka, Islam mentioned that an application would be filed with the ICT, upon its resumption, to issue arrest warrants against Hasina and all absconding accused. He emphasized the challenge of collecting, compiling, and examining information, documents, and evidence against the accused from across the country before presenting it to the tribunal.

Sheikh Hasina facing charges of genocide

Islam also noted that the new interim government would be consulted about necessary legal amendments to the International Crimes Tribunal Act for handling new cases. He added that the ICT and its investigation team need to be reconstituted with new appointments due to the resignation of previous judges, prosecution team members, and investigators following the formation of a new interim government led by Nobel laureate Muhammad Yunus.

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Bangladesh’s ICT has initiated an investigation into Hasina and nine others on charges of “genocide” and “crimes against humanity,” related to the government’s repression during the student-led protests. These events led Hasina to flee the country and seek asylum in India. According to the interim government’s Health Adviser, Nurjahan Begum, over 1,000 people were killed and hundreds injured during the protests against Hasina’s government.

Be quiet till Bangladesh seeks extradition: Chief Advisor Muhammad Yunus

Bangladesh’s Chief Advisor Muhammad Yunus, in a recent interview with agencies, criticized former Prime Minister Sheikh Hasina, who is currently seeking asylum in India. Yunus, a Nobel laureate, suggested that Hasina should remain silent if India intended to “keep her until Bangladesh wants her back.” This criticism followed Hasina’s recent political statements, which Yunus described as “unfriendly.”

He expressed discomfort with Hasina’s stance in India, emphasizing that her statements and actions were problematic. Yunus noted that if she had stayed silent, her presence might have been forgotten, but her active statements and instructions from India were unwelcome.

Yunus was alluding to Hasina’s August 13 statement, where she called for “justice” and demanded that those involved in recent “terror acts,” killings, and vandalism be investigated and punished.

He also mentioned that India should move past the narrative that labels everyone except Hasina as an Islamist. Yunus stated that Bangladesh wanted her returned, asserting that the people would not be at peace until she faced trial for the alleged atrocities she committed.

India-Bangladesh extradition treaty

India and Bangladesh signed an extradition treaty in 2013, which was later amended in 2016 to simplify and expedite the process of exchanging fugitives between the two nations. This treaty was established to address the issue of Indian fugitives, particularly insurgents from the North East, hiding and operating in Bangladesh. Concurrently, Bangladesh was dealing with threats from groups like Jamaat-ul-Mujahideen Bangladesh (JMB), whose members were found in Indian states such as West Bengal and Assam.

Under this treaty, India successfully extradited Anup Chetia, a prominent leader of the United Liberation Front of Assam (ULFA), from Bangladesh in 2015. Since then, Bangladesh has handed over one additional fugitive to India via the treaty. Reports indicate that India has also returned a few Bangladeshi fugitives to Bangladesh under this agreement.

What does the treaty say?

The treaty stipulates that both countries must extradite individuals who have been charged with or convicted of, or are wanted for committing an extraditable offence by the requesting country’s court. An extraditable offence is defined as one carrying a minimum punishment of one year imprisonment, including financial crimes. For an offence to be extraditable, it must be punishable in both countries, following the principle of dual criminality. The treaty also includes provisions for extradition if an individual has attempted, aided, or participated in committing an extraditable offence.

However, there are exceptions. The treaty allows for refusal of extradition if the offence is deemed political. This category excludes many serious crimes, including murder, manslaughter, assault, and various terrorism-related offences.

Will Sheikh Hasina face extradition?

Regarding Sheikh Hasina, a political figure, Bangladesh might face complications in her extradition. Although she could claim political asylum in India, some charges against her, such as murder, enforced disappearance, and torture, are not considered political under the treaty. On August 13, Hasina was charged with the murder of a grocery store owner killed in police firing. The following day, she faced charges of enforced disappearance for allegedly kidnapping a lawyer in 2015. On August 15, additional charges of murder, torture, and genocide were filed against her.

A 2016 amendment to the treaty removed the requirement for the requesting country to provide evidence of the offence, requiring only an arrest warrant from a competent court to initiate extradition. However, India may choose not to extradite Hasina if it deems the charges against her are not in good faith or if they are not considered serious under the general criminal law.

Maintain diplomatic relations

India’s response will be influenced by its need to maintain diplomatic relations with whoever is in power in Dhaka and its long-term strategic interests in Bangladesh. Former officials suggest that India’s critical interests do not lie in extraditing Hasina, noting that legal details of the treaty are secondary. They emphasize the importance of ongoing good relations with Bangladesh, highlighting the country’s geopolitical and strategic significance. According to some, no country would trade fugitives if it conflicts with its national interests, and any decision will ultimately be a political one.

Analysts have pointed out that it is too early to be concerned, as the situation is still developing with only FIRs filed. The process will involve investigation, chargesheeting, and court proceedings before extradition could proceed. Meanwhile, diplomatic relations and treaty obligations will continue to play a crucial role.

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