‘Several protections against her extradition’: Ex-official recounts Hasina's extradition process
- In Reports
- 01:16 PM, Jan 07, 2025
- Myind Staff
The International Crimes Tribunal (ICT) has issued an arrest warrant against Sheikh Hasina, the former Prime Minister of Bangladesh. However, Vikas Singh, a former Additional Solicitor General of India, has stated that she has multiple protections against being extradited.
Vikas Singh told ANI that extradition is not possible for political crimes. -- People accused of political crimes cannot be extradited from India and the sentence in Bangladesh, the country making the request, cannot go beyond the national regulations of India for similar offences. "The International Criminal Tribunal is a tribunal set up in Bangladesh on the basis of a domestic law of Bangladesh where they recognise certain international crimes and this arrest warrant is by a domestic court of Bangladesh. For that arrest warrant to be made effective, there will have to be an extradition from India. It is only after extradition from India that this warrant can be made effective," he said.
Bangladesh must ask India for extradition in order for the arrest warrant to take effect. Considering the protections in place, this procedure entails going to an Indian court, which could be difficult. "For extradition, the particular offender has several protections. One of them is that for a political crime, you can't be extradited. The other protection is that the punishment in the country which is seeking extradition should not be higher than that provided for a similar offence in India. So, considering all these safeguards and all the other safeguards that they have, they will have to move an Indian court to get the extradition. It is doubtful whether an extradition can be granted under these circumstances," Singh further said.
The International Crimes Tribunal (ICT) has issued arrest warrants against Hasina and 10 others. Among them are her former Defence Adviser, Major General (retired) Tarique Ahmed Siddique, and former Inspector General of Police (IGP), Benazir Ahmed, as reported by the Daily Star. The warrants are connected to two cases involving accusations of extrajudicial killings and enforced disappearances. The tribunal, headed by Justice Md Golam Mortuza Majumdar, issued orders based on two petitions from the prosecution, requesting the arrest of 11 individuals. According to The Daily Star, the tribunal has instructed the authorities to arrest Sheikh Hasina and the others and present them before the tribunal by February 12.
Sheikh Hasina has been living in India since August 5 after fleeing Bangladesh due to a massive student-led protest that ended her 16-year rule. She is now facing several court cases related to deaths that occurred during her time in power, including allegations of crimes against humanity. Legal responsibilities, diplomatic ties, and humanitarian considerations are some of the variables that will influence India's judgment about the extradition request. The government has extradition agreements with several countries, including Bangladesh, which were inked in 2013 and revised in 2016.
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