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.
Key points
- The ICT tribunal in Bangladesh was established in 2010 by the former Bangladesh Prime Minister to investigate crimes committed during the 1971 independence war from Pakistan.
- Under the International Crimes (Tribunals) Act of 1973, Bangladeshi courts can proceed with criminal trials even in Ms. Hasina’s absence.
- In 2013, India and Bangladesh executed an extradition treaty as a strategic measure to address insurgency and terrorism along their shared borders.
- It was amended in 2016 to ease the process of exchange of fugitives wanted by both nations.
- 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.
- Article 6 of the treaty stipulates that extradition may be refused if the offence is of a “political nature”.
- Article 8 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 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.
