Last month, after major unrest in Bangladesh, then Prime Minister Sheikh Hasina had to resign and come to India. At the same time, protesters attacked the Prime Minister’s Office. It is believed that the new government will not soften its attitude towards Hasina. In this case, it is not safe for them to go home. However, calls for extradition continue, and now the extradition will take legal form.
The current interim government is reportedly under great public pressure to send Hasina back and put her on trial. The former prime minister is accused of killing protesters who demanded the removal of reservations. In addition, he is under suspicion in multiple fraud cases. After the coup, Hasina hid in a safe house in India. In about a month and a half, a special unit in Bangladesh will provide legal formalities for his extradition.
ICT is making a difference
The International Crimes Tribunal, a domestic court of Bangladesh, has started work in this regard. Under it, Hasina and nine others are being investigated for attacks on protesters between July 15 and August 5. Interestingly, the foundation of the ICT was laid during the Hasina government about fifteen years ago. Now this body is ready to try him.
In 2010, the Bangladeshi government set up a special tribunal. Its role is to punish those responsible for the violence that occurred during the country’s independence. In addition to war crimes, it is also responsible for trying those accused of large-scale genocide.
Foreign journalists were also summoned
The court set up in Bangladesh suddenly made international headlines after it filed a contempt case against British journalist David Bergman. In fact, Bergman wrote several articles on war crimes proceedings in the court. In them, he provided many data and claimed that the court gave wrong figures. For this, the court asked him to pay a huge fine. Previously, the court has targeted several domestic journalists.
What reasons can be used for trial?
The special tribunal also investigates genocide, in addition to war crimes committed during the Bangladesh Liberation War. However, this is the first time she is preparing for Hasina’s trial. Complaints of genocide and crimes against humanity have been filed against the former prime minister. Let us tell you that more than four hundred people were allegedly killed during the protests in July. In August this year, a UN team also went to Dhaka to investigate human rights violations. If the allegations are proven to be true, or if there are rumors of a transparent investigation, the pressure on Hasina to return may increase. So what options does New Delhi have?
What does the treaty between the two countries say?
India and Bangladesh have had an extradition treaty since 2013. Under the extradition treaty, both countries are bound to hand over criminals to each other. Bangladesh handed over Anoop Chetia to India in November 2015 under the extradition treaty. Anoop Chetia, a leader of the Assam separatist group ULFA, had been imprisoned in Dhaka jail since 1997.
The extradition treaty contains a provision that states that a person will be extradited if he/she has committed a crime punishable by at least one year in prison. The treaty states that the extradition of a person can also be refused if he/she has committed any crime of a political nature. However, the extradition of a person who has committed crimes such as murder, genocide and kidnapping cannot be refused.
Action to issue an arrest warrant
Under Article 10(3) of the treaty between the two countries, it is sufficient to issue an arrest warrant to the country that granted asylum to the applicant. To do this, it is not necessary to prove the charges. Previously, under the treaty, the country requesting extradition had to share evidence of the crime in addition to the arrest warrant. This rule was abolished in 2016 to make it easier and faster to extradite criminals.
However, a country can also refuse extradition if the crime was political, or if the defendant can be convinced that it was motivated by political hatred, or if his life would be in danger if he were returned to a particular country.
Agreements can be broken
Article 21(3) of the India-Bangladesh Extradition Treaty allows both countries to terminate the treaty. Even a single party can do this. However, this is a very big step that can have a direct impact on the relationship between New Delhi and Dhaka. The matter may even reach the point of breaking off diplomatic relations. Overall, this is an extreme step that can be taken only in dire circumstances.
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