Bangladesh’s interim government of Muhammad Yunus has once again sent an “official letter” to New Delhi seeking the extradition of deposed prime minister Sheikh Hasina after the country’s International Crimes Tribunal (ICT-BD) sentenced her to death. This is the second time the interim government has sent the request; the first was last December, before the ICT verdict. According to the state-run Bangladesh Sangbad Sangstha (BSS) report, the letter was sent to the Indian government on Friday. The report quoted Foreign Affairs Adviser Touhid Hossain.
Now, what options does India have if it chooses not to send former Bangladesh Prime Minister Sheikh Hasina back?
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According to experts and analysts, India has four options, one of which is for New Delhi to reject Bangladesh’s request for Sheikh Hasina’s extradition.
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India-Bangladesh Extradition Treaty 2013
On January 28, 2013, during Hasina’s tenure, India and Bangladesh signed an extradition treaty. It came into effect on October 23, 2013. The treaty highlights the partnership and cooperation between India and Bangladesh in combating terrorism and "suppression of crime" by making provisions for the "reciprocal extradition of offenders."
The treaty has 21 articles and explains how extradition will work between the two countries. It lists the crimes that qualify, the duties of each side, and the authorities responsible for handling requests. It also details when extradition can be refused, how the process should be carried out, and the rules for making arrests.
However, Article 8 of the treaty outlines clear instances and grounds when the extradition can be refused.
As per Article 8 (1) (a), a person may not be extradited if he/she satisfies the requested state that it would be unjust or oppressive to extradite him because of:
- The trivial nature of the offence of which he is accused or is convicted
- The passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be
- The accusation against him was not made in good faith in the interest of justice
- Article 8 (1) (b) also prevents extradition if the offence of which the person is accused or convicted is a "military offence," which is not also an offence under the general criminal law.
International Crimes Tribunal (ICT)
Bangladesh’s International Crimes Tribunal (ICT) was set up under a 1973 Bangladeshi law, and despite its name, it is only a domestic court. It operates under the authority of Bangladesh’s government and does not follow the structure or standards of recognised international tribunals.
India could argue that it does not recognise the International Crimes Tribunal (ICT). If India says it does not accept the ICT’s authority or its verdicts, it can use this as a reason to deny Sheikh Hasina’s extradition.
India could also say that a trial can be held here on the allegations against Sheikh Hasina. Bangladesh can share its evidence, and Hasina would get a chance to defend herself and present her arguments. However, this is seen as the least likely option compared to others India has, including continuing diplomatic talks with the Yunus government.