Will India extradite Hasina? What experts say
The extradition of Hasina would fall under the legal framework of the 2013 extradition treaty between Bangladesh and India
Highlights
- A note verbale has been sent to the Indian government
- Experts say the letter must specify the clause of the extradition treaty
- Hasina faces over 60 cases, including charges of murder and genocide
- The ICT has requested Interpol to issue a Red Notice against Hasina
Amid growing demands for bringing Sheikh Hasina's back to Bangladesh, the Ministry of Foreign Affairs today (23 December) formally wrote to India seeking repatriation of the ousted prime minister.
Foreign Affairs Adviser Touhid Hossain told the media that the ministry has sent a note verbale [a formal diplomatic letter] to the Indian government.
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The extradition of Hasina would fall under the legal framework of the 2013 extradition treaty between Bangladesh and India.
Regarding the matter, former ambassador and President of Bangladesh Enterprise Institute M Humayun Kabir told The Business Standard that a note verbale signifies an official request from Bangladesh to India for the repatriation of Sheikh Hasina.
"India might respond to this request now," he said.
Kabir highlighted that the letter must specify the clause of the extradition treaty under which Sheikh Hasina's return is being requested.
"The treaty contains clauses that obligate India to comply in certain circumstances, but there are also provisions under which India is not bound," he noted.
He further explained, "If the individual is wanted due to political considerations, if there is a lack of confidence in the judicial system, or if the alleged crime is minor, the requested country is not obliged to comply. The critical question now is how Bangladesh frames its case for Sheikh Hasina's return."
Dr Shahiduzzaman, a former professor of International Relations at Dhaka University, elaborated on the diplomatic context.
"A note verbale is a formal yet polite request in diplomacy. If India adheres to international law, they would be obligated to comply. However, unless the Indian prime minister makes a dramatic decision, I don't think they will agree to her [Hasina's] return," he said.
Dr Shahiduzzaman also pointed out that India might argue the case of a democratically elected prime minister [Hasina] being removed.
"But that argument is weak because they have already acknowledged her as a former prime minister. Ultimately, whether India agrees to the request will depend on a political decision," he said.
At the end of the day, the call on Hasina's extradition is about politics, not so much about law. But whatever decision India takes, it should dexterously employ international law language to serve its political needs and justify its decision.
Hasina fled to India with her sister Sheikh Rehana on 5 August in the face of a mass uprising led by students. She has been in India since then.
Numerous cases on various charges, including murder and attempt to murder, have also been filed against the ousted prime minister, who ruled the country with an iron fist for 15 years, and AL leaders.
On 12 November, the ICT chief prosecutor's office sent a letter to Interpol, urging it to issue a Red Notice against Hasina to facilitate her arrest and repatriation for orchestrating the killings, genocides and crimes against humanity committed during the student-led mass-uprising in July and August.
Addressing the nation on 17 November, Chief Adviser Prof Muhammad Yunus said that the interim government will seek the repatriation of Hasina from India and assured that all crimes committed over the past 15 years would be prosecuted.
