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.

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.

Students and other activists carry Bangladesh’s flag during a protest march organised by the Students Against Discrimination to mark one month since former Prime Minister Sheikh Hasina stepped down after a mass uprising, in Dhaka, Bangladesh, on September 5, 2024.
| Photo Credit: AP

Bangladesh’s war crimes tribunal is to seek the extradition of ousted leader Sheikh Hasina from neighbouring India, its chief prosecutor has said, accusing her of carrying out “massacres”.

Weeks of student-led demonstrations in Bangladesh escalated into mass protests last month, with Ms. Hasina quitting as Prime Minister and fleeing by helicopter to old ally India on August 5, ending her iron-fisted 15-year rule.

“As the main perpetrator has fled the country, we will start the legal procedure to bring her back,” Mohammad Tajul Islam, chief prosecutor of Bangladesh’s International Crimes Tribunal (ICT), told reporters on Sunday (September 8, 2024).

The ICT was set up by Ms. Hasina in 2010 to probe atrocities during the 1971 independence war from Pakistan.

Ms. Hasina’s government was accused of widespread human rights abuses, including the mass detention and extrajudicial killing of her political opponents.

“Bangladesh has a criminal extradition treaty with India which was signed in 2013, while Sheikh Hasina’s government was in power,” Mr. Islam added.

“As she has been made the main accused of the massacres in Bangladesh, we will try to legally bring her back to Bangladesh to face trial”.

Ms. Hasina, 76, has not been seen in public since fleeing Bangladesh, and her last official whereabouts is a military airbase near India’s capital New Delhi. Her presence in India has infuriated Bangladesh.

Dhaka has revoked her diplomatic passport, and the countries have a bilateral extradition treaty which would permit her return to face criminal trial.

A clause in the treaty, however, says extradition might be refused if the offence is of a “political character”.

Interim leader Muhammad Yunus, a Nobel Peace Prize winner who took over after the uprising, last week said Ms. Hasina should “keep quiet” while exiled in India until she is brought home for trial.

“If India wants to keep her until the time Bangladesh wants her back, the condition would be that she has to keep quiet,” Mr. Yunus, 84, told the Press Trust of India news agency.

His government has been under public pressure to demand her extradition and trial over the hundreds of demonstrators killed during the weeks of unrest that ultimately toppled her.

More than 600 people were killed in the weeks leading up to Hasina’s ouster, according to a preliminary United Nations report, suggesting the toll was “likely an underestimate”.

Bangladesh last month opened an investigation led by a retired high court judge into hundreds of enforced disappearances by security forces during Hasina’s rule.

The Bangladesh interim government’s foreign affairs advisor Mohammed Touhid Hossain, has said that as cases mount against Sheikh Hasina, his country could consider seeking the extradition of the former premier but that would create an “embarrassing situation for the Indian government.”

In an exclusive interview to Reuters TV in Dhaka, Hossain said that “since there are so many cases” against Hasina in Bangladesh, the country’s home and law ministries could make the request to extradite her.

Also read | With Hasina in exile, a rival family is set to take centre stage in Bangladesh

“Her staying in Delhi, in India, the question comes that…there are so many cases [against Hasina] that could be… again some speculating, I am not a person right to answer this, if there is a request from there [Ministry of Home and Ministry of Law] we have to ask for her, you know, return to Bangladesh. If there is a demand from there, that creates an embarrassing situation for the Indian government. So I think the Indian government knows this and I am sure they will take care of it”, Mr. Hossain told Reuters TV.

Sheikh Hasina had arrived in India on August 5, following an uprising led by students against her that turned violent. As per the Dhaka Tribune, a complaint has been lodged against Ms. Hasina and 24 others in the International Criminal Court (ICC) in The Hague, Netherlands for allegedly violating human rights.

The Bangladeshi media outlet said that there are multiple cases filed against Hasina.

Further, Mr. Hossain, the foreign affairs advisor in Bangladesh’s interim government led by Mohammad Yunus stated that the Nobel Laureate is “very unhappy” about the way the statements are coming from India, from the former Prime Minister and he had conveyed this to the Indian envoy in a meeting.

“Professor Yunus is very unhappy about the way the statements are coming from India, from the former Prime Minister. He is quite unhappy about this and I have conveyed this to the High Commissioner [of India],” Mr. Hossain said in the interview to Reuters TV.

“I have also told the press that we have conveyed this because we believe in transparent relations. So whatever actually is there, unless there are some, there are some secret points could be there. Otherwise, we want to make things public. And we have – I have just told him about the displeasure of the chief adviser, and let us hope that they take care of it,” he told Reuters TV in an interview.

Regarding the possibility of elections in the violence-hit country, Mr. Hossain said there will be more clarity on the timeline by September.

“All my colleagues in the council of advisors, they are extremely busy with bringing back normalcy”, he said adding, “I think from September, things will, normalcy and normal way of functioning will start.”

On the issue of giving refuge to Rohingyas, Hossain underscored that Bangladesh has “done more than its share” and is “not in a position to allow any more Rohingyas to enter”.

He said that other countries, including India should “take charge on that.”

“We are not in a position to allow any more Rohingyas to enter. It’s a humanitarian issue that involves the entire world, not only Bangladesh. We have done more than our share, and the world should take charge of that,” Mr. Hossain said.

Other countries “should put pressure through appropriate countries on the Arakan Army, who is the main actor in Rakhine state now to ensure that this does not happen, because we are not in a position,” Mr. Hossain told Reuters TV.

“Well, India is a very large country, if they want to take some, it’s fine. We have taken a million, let them take 200,000, I don’t mind. But the goal is their repatriation to their country,” Mr. Hossain said.

As per a report in the Dhaka Tribune, Bangladesh’s interim government has cancelled the passports of Sheikh Hasina, her advisers, former cabinet members, and all members of the 12th national parliament.

The authorities have also revoked diplomatic passports for their spouses and children have also been revoked with immediate effect, the Bangladesh publication reported.

Bangladesh is facing a fluid political situation with Sheikh Hasina, tendering her resignation from her post on August 5 in the wake of mounting protests. Hasina, who fled Bangladesh for India in a military aircraft on August 5, is currently staying in India.

The protests, led majorly by students demanding an end to a quota system for government jobs, took the shape of anti-government protests.

On August 8, Nobel laureate economist Muhammad Yunus was sworn in as the head of Bangladesh’s interim government. 17 members of Bangladesh’s interim government took their oaths at a ceremony in Dhaka.