Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • YouTube
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • US says it destroyed nine missiles, two drones in Houthi-controlled Yemen
    US says it destroyed nine missiles, two drones in Houthi-controlled Yemen World
  • Access Denied Business
  • “You Didn’t Deserve To Go Ahead”: Ex-India Star’s Harsh Criticism Of Pakistan After Elimination
    “You Didn’t Deserve To Go Ahead”: Ex-India Star’s Harsh Criticism Of Pakistan After Elimination Sports
  • 2 Pak Nationals Among 3 Arrested By UP Cops For Planning Terror Activities
    2 Pak Nationals Among 3 Arrested By UP Cops For Planning Terror Activities Nation
  • “God’s Plan Bro Yo Baby”: Shah Rukh Khan’s Crazy Celebration With Rinku Singh After IPL Triumph
    “God’s Plan Bro Yo Baby”: Shah Rukh Khan’s Crazy Celebration With Rinku Singh After IPL Triumph Sports
  • Markets slump for 3rd day on surging oil prices, massive selling in IT stocks; Sensex drops 1k points
    Markets slump for 3rd day on surging oil prices, massive selling in IT stocks; Sensex drops 1k points Business
  • Sensex plunges 5.7% as BJP fails to win majority on its own
    Sensex plunges 5.7% as BJP fails to win majority on its own Business
  • Google Antitrust Ruling May Pose  Billion Risk For Apple: Report
    Google Antitrust Ruling May Pose $20 Billion Risk For Apple: Report World
Can Sheikh Hasina be extradited from India to Bangladesh to stand trial? | Explained

Can Sheikh Hasina be extradited from India to Bangladesh to stand trial? | Explained

Posted on September 12, 2024 By admin


Bangladesh Prime Minister Sheikh Hasina. File
| Photo Credit: AFP

The chief prosecutor of Bangladesh’s International Crimes Tribunal (ICT) has announced plans to seek the extradition of ousted leader Sheikh Hasina from neighbouring India. “As the main perpetrator has fled the country, we will start the legal procedure to bring her back,” Mohammad Tajul Islam told reporters on September 8, 2024. The tribunal was established in 2010 by the former Bangladesh Prime Minister to investigate crimes committed during the 1971 independence war from Pakistan.

Ms. Hasina sought refuge in India in early August after a mass uprising compelled her to step down. Since her departure, numerous criminal cases have been lodged against her and her aides, encompassing charges of murder, torture, abduction, crimes against humanity, and genocide. The new interim government in Dhaka has already revoked Ms. Hasina’s diplomatic passport. Additionally, India and Bangladesh have a bilateral extradition treaty in place that could allow for her return to face trial.

What does the extradition treaty say?

Under the International Crimes (Tribunals) Act of 1973, Bangladeshi courts can proceed with criminal trials even in Ms. Hasina’s absence. However, this is bound to raise raises concerns about the fairness of the proceedings, and adherence to due process, while also complicating the enforcement of judicial orders. Therefore, the extradition of the former Prime Minister is considered crucial.

In 2013, India and Bangladesh executed an extradition treaty as a strategic measure to address insurgency and terrorism along their shared borders. It was subsequently amended in 2016 to ease the process of exchange of fugitives wanted by both nations. The treaty has facilitated the transfer of several notable political prisoners. For instance, in 2020, two convicts involved in the 1975 assassination of Ms. Hasina’s father, Sheikh Mujibur Rahman, were extradited to Bangladesh for execution. Similarly, India successfully secured the extradition of Anup Chetia, the general secretary of the banned United Liberation Front of Assam (ULFA), who had spent 18 years imprisoned in Dhaka.

The treaty mandates the extradition of individuals charged with or convicted of crimes that warrant a minimum sentence of one year’s imprisonment. A key requirement for extradition is the principle of dual criminality, meaning that the offence must be punishable in both countries. Since the charges against Ms. Hasina are prosecutable in India, and the penalties for her alleged crimes are also substantial, she qualifies for extradition on these grounds. Additionally, the treaty encompasses within its ambit attempts to commit, as well as aiding, abetting, inciting, or acting as an accomplice in such crimes.

Notably, the 2016 amendment to the treaty substantially lowered the threshold for extradition by removing the requirement to furnish concrete evidence against the offender. Under Article 10 of the treaty, only an arrest warrant issued by a competent court in the requesting country is now sufficient to initiate the extradition process.

Can extradition be refused?

Article 6 of the treaty stipulates that extradition may be refused if the offence is of a “political nature”. However, there are stringent limitations on this particular exemption. A host of offences such as murder, terrorism-related crimes, and kidnapping, are explicitly excluded from being classified as political. Given that several of the charges against Ms. Hasina — such as murder, enforced disappearance, and torture — fall outside the scope of this exemption, it is unlikely that India will be able to justify these accusations as political transgressions to deny extradition.

Another basis for refusal is outlined in Article 8, which permits denial of a request if the accusation is not “made in good faith in the interests of justice” or if it involves military offences not considered “an offence under general criminal law.” India could potentially refuse extradition on the ground that the charges against Ms. Hasina have not been levelled in good faith and there is a possibility of her being subjected to political persecution or an unfair trial upon her return to Bangladesh. Such concerns are further exacerbated by recent reports that Ministers from Ms. Hasina’s Cabinet, who have been arrested over recent weeks were physically arrested by bystanders while being transported to court for remand hearings.

Students chant slogans near a vandalised mural of Bangladesh’s ousted Prime Minister Sheikh Hasina near Dhaka University in the capital on August 12, 2024.

Students chant slogans near a vandalised mural of Bangladesh’s ousted Prime Minister Sheikh Hasina near Dhaka University in the capital on August 12, 2024.
| Photo Credit:
AFP

What are the potential implications?

Dr. Sreeradha Datta, professor of international relations at O.P. Jindal Global University told The Hindu that the treaty does not guarantee Ms. Hassina’s extradition, as the final decision will hinge more on diplomatic negotiations and political considerations. “Even if India were to decline the extradition request, it would likely serve as a minor political irritant rather and is unlikely to dent bilateral relations, especially in critical areas of cooperation between the two nations,” she said.

Bangladesh is India’s largest trade partner in South Asia, with bilateral trade estimated at $15.9 billion in the fiscal year 2022-23. Before Ms. Hasina’s ouster, both nations were poised to commence dialogue on a comprehensive economic partnership agreement (CEPA) to foster economic ties. Following the regime change in Dhaka, Indian Prime Minister Narendra Modi has spoken with the Chief Adviser of the new interim government, Muhammad Yunus, and pledged continued support for ongoing development projects.

Published – September 12, 2024 06:57 pm IST



Source link

World Tags:Bangladesh Crisis, Is there an extradition treaty between India and Bangladesh?, sheikh hasina criminal charges, sheikh hasina extradition, sheikh hasina extradition from india, sheikh hasina extradition from india expalined, sheikh hasina repatriation, sheikh hasina trial, the hindu explained, Where is Sheikh Hasina?

Post navigation

Previous Post: New Queen Elizabeth II Statue Draws Mixed Reactions In UK, Compared To Market Shopper
Next Post: India’s industrial output grows 4.8% in July

Related Posts

  • US Judge Who Rejected Elon Musk’s Tesla Payday Faces Backlash
    US Judge Who Rejected Elon Musk’s Tesla Payday Faces Backlash World
  • Access Denied World
  • Why Gaza War Threatens To Unite Arab Countries Against Israel
    Why Gaza War Threatens To Unite Arab Countries Against Israel World
  • Access Denied World
  • Meta announces LlamaCon developer conference on April 29
    Meta announces LlamaCon developer conference on April 29 World
  • At least 10 killed in Israeli strikes on Gaza, say medics
    At least 10 killed in Israeli strikes on Gaza, say medics World

More Related Articles

Venezuela moves to cancel energy agreements with Trinidad after U.S. warship arrives at island nation Venezuela moves to cancel energy agreements with Trinidad after U.S. warship arrives at island nation World
Trump appoints Indian-American ex-journalist Kush Desai as White House Deputy Press Secretary Trump appoints Indian-American ex-journalist Kush Desai as White House Deputy Press Secretary World
Indonesian President’s Phone Call With Trump Goes Viral Indonesian President’s Phone Call With Trump Goes Viral World
On Camera, Man Sitting At Restaurant Hit By Philadelphia Plane Crash Debris On Camera, Man Sitting At Restaurant Hit By Philadelphia Plane Crash Debris World
Trump zigzags through wins, foreign policy in one-year anniversary remarks Trump zigzags through wins, foreign policy in one-year anniversary remarks World
The Hindu Morning Digest, September 17, 2024 The Hindu Morning Digest, September 17, 2024 World
SiteLock

Archives

  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • Tamil Nadu Assembly session LIVE: CM Vijay moves resolution seeking confidence vote
  • What is in the U.S. Senate’s landmark crypto bill?
  • Trinamool’s land policy delayed West Bengal border fencing: MHA’s 2023 affidavit in Supreme Court
  • ‘Take action to remove deceased Gruha Lakshmi beneficiaries’
  • Hanuman Jayanti: Muslim residents offer buttermilk to Hindu devotees in Kadapa days after clashes

Recent Comments

  1. DavidAnymn on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. Jesusetexy on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. JeffryFok on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. StanleyPeapy on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. RonaldLam on UP Teacher Who Asked Students To Slap Muslim Classmate
  • Israeli PM Benjamin Netanyahu Faces Arrest For War Crimes After World Court Ruling
    Israeli PM Benjamin Netanyahu Faces Arrest For War Crimes After World Court Ruling World
  • Budget 2023 | Exemptions on high-value life insurance proceeds pruned
    Budget 2023 | Exemptions on high-value life insurance proceeds pruned Business
  • After climate talks, countries gather for COP to end plastic
    After climate talks, countries gather for COP to end plastic World
  • Access Denied Business
  • Court Remands Accused In 14-Day Judicial Custody
    Court Remands Accused In 14-Day Judicial Custody Nation
  • 6 Zika Virus Cases In Pune, 2 Patients Are Pregnant Women
    6 Zika Virus Cases In Pune, 2 Patients Are Pregnant Women Nation
  • 2 Pak Nationals Among 3 Arrested By UP Cops For Planning Terror Activities
    Himachal Teacher Forcibly Shows Porn Video To Class 9 Student, Case Filed Nation
  • Zomato CEO Responds After PM Modi’s Big Praise
    Zomato CEO Responds After PM Modi’s Big Praise Nation

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.