Why in news?
Bangladesh has formally requested India to extradite former Prime Minister Sheikh Hasina, who fled to India on August 5 following massive protests that ended her 16-year rule. Dhaka sent a diplomatic note to New Delhi, citing the need for Hasina to face judicial processes for alleged crimes against humanity and genocide.
The International Crimes Tribunal (ICT) in Dhaka has issued arrest warrants against Hasina and several of her former ministers and officials.
What’s in today’s article?
- Extradition treaty between India and Bangladesh
- Extradition Request by Bangladesh
- Can Hasina be extradited by Bangladesh?
Extradition treaty between India and Bangladesh
- Treaty signed in 2013
- It was signed to address fugitives operating across borders in both countries.
- It was established due to concerns over Indian insurgents, particularly from the North East, hiding in Bangladesh, and Bangladeshi militants.
- Many Bangladeshi militants such as those from Jamaat-ul-Mujahideen Bangladesh (JMB), sought refuge in Indian states like West Bengal and Assam.
- It provides the legal framework for extradition but does not mandate compliance in all cases.
- Key provisions of the treaty
- The extradition treaty between India and Bangladesh mandates that both countries extradite individuals who:
- have been charged with, found guilty of, or
- are wanted for committing an extraditable offence by a court in the requesting country.
- An extraditable offence, as defined by the treaty, is one that carries a minimum punishment of one year imprisonment, including financial crimes.
- For an offence to be considered extraditable, the principle of dual criminality must apply, meaning the offence must be punishable in both countries.
- The treaty also allows for extradition in cases involving attempts to commit, aiding, abetting, inciting, or participating as an accomplice in an extraditable offence.
- Provisions for Refusal
- Extradition may be refused if the offence is of a “political nature.”
- Some crimes, such as murder, enforced disappearance, and torture, are excluded from being categorized as political offences under the treaty.
- (Article 8): Grounds for refusal also include accusations not made “in good faith in the interests of justice” or military offences not considered general criminal law violations.
- Amendment in 2016 to Simplify Extradition Process
- Requirement to provide evidence of the offence was removed; only an arrest warrant from a competent court is now required.
- Sheikh Hasina faces multiple arrest warrants issued in Bangladesh, making her case eligible under the amended treaty.
Extradition Request by Bangladesh
- About the news: Bangladesh has sent a diplomatic note asking New Delhi to send back its former PM Sheikh Hasina.
- India’s Response and Treaty Provisions
- Ministry of External Affairs confirmed receiving the request but has not yet commented on the matter.
- Indian officials have stated they will examine the legal grounds before making a decision.
- Strained Bilateral Relations
- Hasina’s presence in India and her public statements have strained relations between the two countries.
- In her public address from India, Hasina accused the interim government of genocide and persecution of minorities, including Hindus, Buddhists, and Christians.
- She alleged that during the protests, minority places of worship were attacked, and leaders of minority communities were persecuted.
- Hasina called for justice, demanding investigations into the killings and acts of violence.
- Bangladesh’s interim government, led by Chief Advisor Prof Muhammad Yunus, has expressed concerns over Hasina’s statements made from India, which they believe create tension.
- Yunus has urged India to help “clear the clouds” over the bilateral relationship.
- Impact on Regional Dynamics
- The extradition request and the political developments surrounding Hasina’s asylum in India have the potential to influence India-Bangladesh relations significantly, requiring deft diplomatic handling by both nations.
Can Hasina be extradited by Bangladesh?
- India can refuse extradition, citing lack of “good faith” or justice-related concerns.
- Experts highlight that the decision to extradite Hasina is ultimately political rather than legal. But this has the potential to adversely impact New Delhi’s relations with Dhaka’s new ruling dispensation.
