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.

Muhammad Yunus, the head of Bangladesh’s interim government, has said that former Prime Minister Sheikh Hasina making political remarks from India is an “unfriendly gesture”, asserting that she must remain silent to prevent the discomfort to both countries until Dhaka requests her extradition.

“If India wants to keep her until the time Bangladesh (government) wants her back, the condition would be that she has to keep quiet,” he said.

In an interview with PTI at his official residence in Dhaka, Mr. Yunus, who was appointed the country’s Chief Advisor after Hasina’s ouster, stressed that while Bangladesh values strong ties with India, New Delhi must move “beyond the narrative that portrays every other political party except Awami League as Islamist and that the country will turn into Afghanistan without Sheikh Hasina.”

“No one is comfortable with her stance there in India because we want her back to try her. She is there in India and at times she is talking, which is problematic. Had she been quiet, we would have forgotten it; people would have also forgotten it as she would have been in her own world. But sitting in India, she is speaking and giving instructions. No one likes it,” he said.

Mr. Yunus was referring to Hasina’s statement on August 13 in which she demanded “justice”, saying those involved in recent “terror acts”, killings and vandalism must be investigated, identified, and punished.

“It is not good for us or for India. There is discomfort regarding it,” he said.

Following unprecedented anti-government protests that peaked on August 5, Hasina resigned as Prime Minister and fled to India. Her presence in India for nearly four weeks has fuelled speculation in Bangladesh.

When asked whether Bangladesh has communicated its stance to India, Mr. Yunus said it has been conveyed verbally and quite firmly that she should keep quiet.

“Everyone understands it. We have said quite firmly that she should keep quiet. This is an unfriendly gesture towards us; she has been given shelter there and she is campaigning from there. It is not that she has gone there on a normal course. She has fled following a people’s uprising and public anger,” he said.

Mr. Yunus stated that the interim government is committed to ensuring justice for the people of Bangladesh against the atrocities, and justice requires that she be brought back to the country.

“Yes, she has to be brought back or else the people of Bangladesh won’t be at peace. The kind of atrocities she has committed, she has to be tried in front of everyone here,” he emphasised.

Discussing the future of the India-Bangladesh relationship, Mr. Yunus expressed a desire for good ties with India but insisted that New Delhi must abandon the narrative that only Ms. Hasina’s leadership ensures the country’s stability.

“The way forward is for India to come out of the narrative. The narrative is that everybody is Islamist, the Bangladesh Nationalist Party (BNP) is Islamist, and everyone else is Islamist and will make this country into Afghanistan. And Bangladesh is in safe hands with Sheikh Hasina at the helm only. India is captivated by this narrative. India has to come out of this narrative. Bangladesh, like any other nation, is another neighbour,” he said.

Referring to the recent incidents of alleged attacks on Hindu minorities in the country and India raising concerns about it, Mr. Yunus said this is just an excuse.

“The issue of trying to portray the conditions of minorities in such a big way is just an excuse,” he said.

The minority Hindu population has faced vandalism of their businesses and properties, as well as the destruction of Hindu temples, during the student-led violence that erupted following the ouster of Ms. Hasina.

Prime Minister Narendra Modi, in his Independence Day address from the ramparts of the Red Fort on August 15, expressed hope that the situation in violence-hit Bangladesh would return to normal soon and stated that 1.4 billion Indians are concerned about the safety of Hindus and minorities in the neighbouring country.

The 84-year-old Nobel laureate emphasised the need for India and Bangladesh to work together to improve their currently strained relationship.

When asked about ways to improve the Indo-Bangla relations, Yunus said both the countries need to work together and it is on a downhill presently.

“We need to work together to improve this relationship, which is now at a low,” he said.

Speaking about the future of bilateral treaties with India, Mr. Yunus said there are demands for a relook at certain treaties such as transit and the Adani electricity deal.

“Everybody is saying that it is needed. We will see what is on paper and, second, what is actually happening on the ground. I can’t answer it specifically. If there is any need to review, we will then raise questions about it,” he said.

The BNP has said if voted to power, it will review and re-evaluate the “questionable” Adani electricity deal signed during the Awami League regime, as it is putting “tremendous pressure” on the people of Bangladesh.