The Bangladeshi court has ordered an arrest warrant for former prime minister Sheikh Hasina, who fled to India in August after she was ousted by mass protests.
Hasina is wanted by Bangladesh's International Criminal Tribunal (ICT) for her alleged involvements in "crimes against humanity" that took place during the demonstrations, in which hundreds were killed.
This episode discusses Bangladesh’s plans to seek the extradition of former leader Sheikh Hasina from India, citing a bilateral treaty. It highlights the legal and political challenges, while emphasizing the strong trade and diplomatic relations between the two countries.
What does the extradition treaty between India and Bangladesh say?
1. India and Bangladesh signed an extradition treaty in 2013, and it was amended in 2016 to ease the process of exchanging fugitives wanted by both nations.
2. The treaty mandates that extradition can occur if the crime is punishable by at least one year of imprisonment.
3.The treaty is based on the principle of dual criminality, meaning the crime must be punishable in both countries.
4.Crimes like murder, terrorism, and kidnapping are excluded from being considered “political” under the treaty, making extradition easier for these offenses.
5.Article 10 allows extradition to proceed with just an arrest warrant from a competent court, without the need for further concrete evidence.
6.The treaty facilitated the extradition of Anup Chetia, leader of the United Liberation Front of Assam (ULFA), from Bangladesh to India.
Can India refuse Sheikh Hasina’s extradition?
India can refuse Sheikh Hasina’s extradition based on two grounds: political nature of the offense or charges made in bad faith.
Article 6 of the treaty excludes crimes like murder, terrorism, and kidnapping from being classified as political.
Article 8 allows refusal if the charges are not made in good faith or if there’s concern about political persecution or unfair trials.
Several charges against Sheikh Hasina, such as murder and enforced disappearance, do not qualify as political offenses.
Concerns are supported by reports of ministers being arrested by bystanders in Bangladesh.
India could use this argument to deny extradition, citing potential issues with justice in Bangladesh.
21 окт 2024