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India-Bangladesh Extradition Treaty
Context
The chief prosecutor of Bangladesh’s International Crimes Tribunal (ICT) announced plans to seek the extradition of ousted Prime Minister Sheikh Hasina from India. This follows her departure to India amid mass protests that forced her resignation, resulting in multiple criminal charges against her, including murder and crimes against humanity. The backdrop of this extradition request is the existing bilateral extradition treaty between India and Bangladesh.
What is India-Bangladesh extradition treaty?
- The India-Bangladesh extradition treaty, established in 2013 and amended in 2016, allows for the extradition of individuals charged with crimes punishable by a minimum of one year’s imprisonment.
- It operates on the principle of dual criminality, meaning that the offenses must be punishable in both nations.
- This framework has previously facilitated the exchange of political prisoners, such as those involved in the assassination of Sheikh Mujibur Rahman.
- Conditions for Extradition: The treaty's 2016 amendment lowered the threshold for extradition by removing the requirement for concrete evidence, allowing an arrest warrant from a competent court in the requesting country to suffice.
- Given the nature of charges against Hasina, including serious allegations of murder and torture, she meets the criteria for extradition.
- Potential Refusals: Under Article 6, extradition may be refused if the crime is of a political nature, but many charges against Hasina do not fall under this exemption.
- Additionally, Article 8 allows refusal if the request lacks good faith or if it pertains to military offenses. India might consider denying extradition on these grounds, especially due to concerns about political persecution and the fairness of trials in Bangladesh.
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