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Extradition of Sheikh Hasina
Context:
The chief prosecutor of Bangladesh’s International Crimes Tribunal (ICT), Mohammad Tajul Islam, announced that legal procedures are being initiated to extradite former Prime Minister Sheikh Hasina from India.
More on News:
- After a mass uprising led to her ouster, Hasina sought refuge in India in early August.
- Since her departure, numerous criminal charges have been filed against her and her aides, including allegations of murder, torture, abduction, crimes against humanity, and genocide.
- The interim government in Dhaka has revoked her diplomatic passport, and the existing extradition treaty between India and Bangladesh could pave the way for her return to face trial.
India has established extradition treaties with various countries to facilitate the transfer of fugitives and enhance cooperation in criminal matters. As of now, India has extradition treaties with 39 countries, covering a wide range of offences, including serious crimes like terrorism and financial fraud.
List of Countries with Extradition Treaties: Afghanistan (2016), Australia (2011), Bangladesh (2013, amended in 2016), Canada (2020), France (2005), Germany (2004), Hong Kong (1997), Israel (2012), United Kingdom (1993) and United States (1999), etc.
What Does the Extradition Treaty Say?
- Under Bangladesh’s International Crimes (Tribunals) Act of 1973, trials can proceed in Hasina’s absence, raising concerns about due process and the fairness of such proceedings. Thus, her extradition is seen as vital for enforcing judicial orders.
- In 2013, India and Bangladesh signed an extradition treaty aimed at combating cross-border insurgency and terrorism, with amendments in 2016 to facilitate the exchange of fugitives.
- This treaty has been used in high-profile cases, including the 2020 extradition of two convicts involved in the 1975 assassination of Hasina’s father, Sheikh Mujibur Rahman, and the extradition of ULFA leader Anup Chetia.
- The treaty mandates the extradition of individuals charged with crimes punishable by at least one year in prison, with dual criminality—meaning the crime must be recognised in both countries—being a key requirement.
- Since the allegations against Hasina are prosecutable in India, she meets the criteria for extradition.
- The 2016 amendment to the treaty further simplifies the process by requiring only an arrest warrant from a competent court, rather than concrete evidence, to initiate extradition.
Grounds for Refusal:
- The treaty allows for refusal in certain cases.
- Under Article 6, extradition may be denied if the offence is of a “political nature.”
- However, crimes such as murder, terrorism, and kidnapping are explicitly excluded from this exemption.
- Given the serious nature of the charges against Hasina—murder, enforced disappearance, and torture—India would find it difficult to argue that these are political offenses to block her extradition.
- Article 8 also permits denial if the charges are not made “in good faith” or if there are concerns of political persecution or unfair trial upon her return.
- Such concerns are heightened by reports of mistreatment of Hasina’s former ministers, who were arrested under questionable circumstances.
- India could potentially refuse the extradition on these grounds.
Potential Diplomatic Implications:
- Dr. Sreeradha Datta, a professor of international relations at O.P. Jindal Global University, noted that the treaty does not guarantee Hasina’s extradition, as the final decision will likely depend on diplomatic negotiations.
- Even if India declines the request, it would likely be a minor political issue rather than a significant blow to bilateral relations, particularly in critical areas of cooperation.
- Bangladesh is India’s largest trading partner in South Asia, with bilateral trade reaching $15.9 billion in 2022-23.
- Prior to Hasina’s ouster, the two nations were preparing to discuss a comprehensive economic partnership agreement (CEPA) to enhance trade.
- In this context, the extradition issue could add complexity to the diplomatic relationship, but both nations are likely to prioritise long-term cooperation over short-term political tensions.