For extradition, offender gets protections: Ex-official on Hasina's arrest

ICT issued an arrest warrant against Hasina and 10 others, including her former Defence Adviser Major General (retired) Tarique Ahmed Siddique and former IGP Benazir Ahmed

Sheikh Hasina, the former Prime Minister of Bangladesh, has been issued an arrest warrant by the International Crimes Tribunal (ICT), however, according to Vikas Singh, former Additional Solicitor General of India, she has several protections against extradition.

Speaking to ANI, Vikas Singh said that for a political crime, one cannot be extradited. -- India cannot extradite individuals accused of political crimes and the punishment in the requesting country (Bangladesh) must not exceed that prescribed in 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.

 

To make the arrest warrant effective, Bangladesh will need to request extradition from India. This process involves moving an Indian court, which may be challenging given the protections in place.

"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 added.

The ICT issued an arrest warrant against Hasina and 10 others, including her former Defence Adviser Major General (retired) Tarique Ahmed Siddique and former Inspector General of Police (IGP) Benazir Ahmed, according to a report by Daily Star.

The warrants relate to two cases involving allegations of extrajudicial killings and enforced disappearances.

The orders were issued by the tribunal, led by Justice Md Golam Mortuza Majumdar, following two petitions filed by the prosecution seeking the arrest of the 11 individuals.

In its directive, the tribunal has ordered the authorities to arrest and produce Sheikh Hasina and the others before it by February 12, The Daily Star reported.

Notably, Sheikh Hasina, 77, has been living in India since August 5, after fleeing Bangladesh following a massive student-led protest that toppled her 16-year regime. Hasina is currently facing multiple court cases related to fatalities during her rule, including accusations of crimes against humanity.

India's decision on the extradition request will depend on various factors, including legal obligations, diplomatic relations, and humanitarian concerns. The country has extradition treaties with several nations, including Bangladesh, which was signed in 2013 and amended in 2016.