The Bangladesh government is set to seek help from Interpol for the extradition of ousted Prime Minister Sheikh Hasina and former Home Minister Asaduzzaman Khan Kamal, who have been handed death sentences for crimes against humanity.
While the Chief Prosecutor's Office of the International Crimes Tribunal is drafting an application for the foreign ministry to seek Interpol assistance for extraditing the duo to Bangladesh, the foreign ministry said it is also preparing a letter and may send it to New Delhi in a day or two, according to a report by The Daily Star.
Foreign Adviser Touhid Hossain said Dhaka has not yet sent the letter. “The letter is being prepared. It may be sent today," the Bangladeshi publication quoted Hossain as saying on Tuesday.
In December last year, the foreign ministry wrote to India's Ministry of External Affairs, seeking to repatriate Hasina, who sought shelter in India in August following the massive student protests.
What does extradition treaty say?
An extradition treaty between India and Bangladesh, signed in 2013 and amended in 2016, is based on the principle that both nations are required to treat the offence as a crime.
Article 2 of the treaty – as stated in the MEA website – outlines the extradition offences. It states: "In determining whether an offence is an offence punishable under the laws of both Contracting States, it shall not matter whether the law of both Contracting States place the act or omission constituting the offence within the same category of offence or denominate the offence by same terminology".
According to Reuters, an Indian government source had said that extradition is a lengthy process requiring review of tribunal documents to ensure due procedure, fair representation, and credible testimony. India cannot act without these records, and exemptions to the treaty apply if the case appears political, the source had said.
Can extradition be denied?
The treaty also lists out the circumstances under which an extradition can be denied. Under Article 6 (1), extradition can be refused for political offence. Article 6 (2) states that serious crimes like murder, terrorism, kidnapping, violent acts, incitement to murder, and firearm offences are not considered political.
Article 8 states that extradition can also be refused if the person can show that the offence is too minor to justify such a serious step, too much time has passed since the alleged act or escape from justice, or the charges were made in bad faith and not for genuine legal reasons.
How did India react to the death sentence of Sheikh Hasina?
Following the death sentence verdict, India said it has taken note of the verdict delivered by the International Crimes Tribunal of Bangladesh and reaffirmed that it “remains committed to peace, democracy, inclusion and stability in Bangladesh”.
Sheikh Hasina's death sentence
A Bangladesh court on Monday sentenced ousted Prime Minister Sheikh Hasina to death. The former PM was “found guilty on three counts”, including incitement, order to kill, and inaction to prevent the atrocities, as per judge Golam Mortuza Mozumder, who read out the order.
