Bangladesh seeking Sheikh Hasina’s extradition

Source: The post Bangladesh seeking Sheikh Hasina’s extradition has been created, based on the article “Can Sheikh Hasina be extradited?” published in “The Hindu” on 19th September is 2024

UPSC Syllabus Topic: GS Paper 2-international relations-India and its neighbourhood- relations.

Context: The article 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.

For detailed information on Sheikh Hasina’s Exit and India Bangladesh Relations read this article here

Why is Bangladesh seeking Sheikh Hasina’s extradition?

1. Legal Charges: Hasina faces multiple criminal charges, including murder, torture, abduction, crimes against humanity, and genocide. These charges were filed following her departure to India.
2. Judicial Process: The International Crimes Tribunal (ICT) in Bangladesh aims to continue legal proceedings against her.
3. Extradition Treaty: The extradition treaty between India and Bangladesh, signed in 2013 and amended in 2016, facilitates the extradition process for crimes punishable by a year or more, covering the charges against Hasina.
4. Past Precedents: The treaty has previously enabled the extradition of individuals, such as two convicts in the 1975 assassination of Sheikh Mujibur Rahman, Hasina’s father.

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?

1. India can refuse Sheikh Hasina’s extradition based on two grounds: political nature of the offense or charges made in bad faith.
2. Article 6 of the treaty excludes crimes like murder, terrorism, and kidnapping from being classified as political.
3. Article 8 allows refusal if the charges are not made in good faith or if there’s concern about political persecution or unfair trials.
4. Several charges against Sheikh Hasina, such as murder and enforced disappearance, do not qualify as political offenses.
5. Concerns are supported by reports of ministers being arrested by bystanders in Bangladesh.
6. India could use this argument to deny extradition, citing potential issues with justice in Bangladesh.

What are the possible effects of this extradition?

1. Extradition may not significantly affect India-Bangladesh relations.
2. Bangladesh is India’s largest trade partner in South Asia, with trade worth $15.9 billion in 2022-23.
3. The final decision on extradition will depend more on diplomatic negotiations and political considerations.

Question for practice:

Examine the legal and political factors that could influence India’s decision on whether to extradite Sheikh Hasina to Bangladesh, based on the provisions of the extradition treaty between the two countries.