Sheikh Hasina Extradition Demand

Source: This post on Sheikh Hasina Extradition Demand has been created based on The Sheikh Hasina extradition demand, India’s options published in The Hindu on 31^st December 2024.

UPSC Syllabus Topic: GS Syllabus 2: International relations

Context: This article discusses the complex legal, diplomatic, and human rights implications of Bangladesh’s formal request to India for the extradition of former Bangladeshi Prime Minister Sheikh Hasina, who fled to New Delhi in August 2024 amid allegations of crimes against humanity during anti-government protests. Bangladesh has initiated legal proceedings against Ms. Hasina, labeling her as an absconder and seeking her trial for alleged state-sponsored violence, including genocide. The article delves into the challenges India faces in responding to the extradition demand, outlining potential legal defenses and obligations under international and domestic law.

Why has Bangladesh requested Sheikh Hasina’s extradition?

1. In December 2024, Bangladesh formally requested India to extradite former Prime Minister Sheikh Hasina to face judicial proceedings.
2. She fled to New Delhi in August 2024 amid anti-government protests.
3. Charges against her include conspiracy to eliminate protesting students, mistreatment, killings labeled as genocide, and crimes against humanity.
4. An arrest warrant was issued by the International Crimes Tribunal on October 17, 2024.

What are the legal proceedings in Bangladesh regarding Ms. Hasina?

1. The Tribunal set a deadline of December 17, 2024, for concluding investigations.
2. A charge sheet against Ms. Hasina and 45 others, including former ministers and officials, is expected soon.
3. Under Bangladeshi law (Section 339 B of the Code of Criminal Procedure, 1898), trials in absentia are permissible.

Can India extradite Ms. Hasina under international and domestic law?

1. India and Bangladesh signed an extradition treaty in 2013, governed by the Indian Extradition Act, 1962.
2. India must consider the aut dedere aut judicare principle, obliging states to extradite or prosecute individuals accused of grave international crimes.

What are India’s possible defenses against extraditing Ms. Hasina?

1. Political Offense Exception:
   • Crimes committed by Ms. Hasina, if proven, likely exceed the scope of political offenses, as reports indicate state-sponsored violence and crimes against humanity during her tenure.
2. Rule of Non-Inquiry:
   • Traditionally, extradition is at the executive’s discretion, though courts now play a larger role.
   • Articles 20 and 21 of the Indian Constitution protect Ms. Hasina as a “person,” ensuring fundamental rights even for non-citizens.

What could be India’s alternative approach?

1. India may allow house arrest for Ms. Hasina, enabling her to participate in her trial via video conferencing.
2. She could be tried with her chosen legal representation and could serve any potential sentence in India under a sentencing agreement.
3. This approach aligns with international law while safeguarding Ms. Hasina’s rights and avoiding a breakdown in India-Bangladesh relations.

What role can the International Criminal Court (ICC) play in this case?

1. Jurisdiction:
   • Bangladesh is a party to the Rome Statute, enabling ICC intervention.
   • The alleged crimes meet the ICC’s criteria for material, personal, territorial, and temporal jurisdiction.
2. Complementarity Principle:
   • The ICC steps in only when national courts are unable or unwilling to ensure a fair trial.
   • If Ms. Hasina’s rights to an impartial trial are at risk, the ICC’s Prosecutor could initiate a preliminary examination under Article 15 of the Rome Statute.

What are the implications for India-Bangladesh relations?

1. Extraditing Ms. Hasina without addressing concerns about her rights could strain ties.
2. A collaborative trial process would demonstrate a fair and balanced approach, emphasizing the protection of human rights while respecting judicial processes.

What are the potential outcomes of this case?

1. Domestic Trial in Bangladesh: If the trial in absentia proceeds, Bangladesh must ensure fairness and adherence to international legal standards.
2. ICC Involvement: If national trials fail to meet impartiality standards, the ICC could intervene.
3. Cooperative Approach: India’s proposed in-house arrest and support for Ms. Hasina’s virtual trial may strike a balance between legal and diplomatic obligations.