In December 2024, Bangladesh formally requested India’s assistance in extradition of former Prime Minister Sheikh Hasina, who sought refuge in New Delhi following significant anti-government protests in August 2024. This request was based on allegations including conspiracy, mistreatment and crimes against humanity related to suppression of student-led demonstrations. As Bangladesh pursue legal action through diplomatic channels and India is confronted with intricate legal considerations under both domestic and international law.
Chronology Leading to the Extradition Request
- August 5, 2024: Prime Minister Sheikh Hasina departed Dhaka, seeking asylum in New Delhi amid escalating protests.
- August 13, 2024: A First Information Report (FIR) was filed against her and her associates, initiating formal legal proceedings.
- October 17, 2024: The Dhaka-based International Crimes Tribunal issued arrest warrant of Hasina and 45 others, intensifying the legal pursuit.
- November 18, 2024: The Tribunal granted investigative authorities a one-month deadline, until December 17 to conclude their investigation.
- December 23, 2024: Bangladesh officially submitted an extradition request to India for Sheikh Hasina.
Key Allegations Against Sheikh Hasina
- Conspiracy: Accused of orchestrating the elimination of students involved in anti-government protests.
- Human Rights Violations: Allegations include mistreatment and killing of hundreds of protesters, actions described as genocide and crimes against humanity.
- Absconding: Complicating her legal standing, she was declared an absconder for failing to surrender after leaving Dhaka.
- Diplomatic Stance: The Press Secretary of Bangladesh emphasized the desire for bilateral relations with India to be grounded in fairness, equality and dignity.
Legal, Constitutional, and International Dimensions
India’s Position
As of now, Indian government has not issued an official response to Bangladesh’s extradition request, indicating a cautious approach to the complex legal and diplomatic implications.
Legal Options Available to India
India can consider several defenses to potentially deny Bangladesh’s extradition request:
- Political Offense Exception: Extradition treaties often exclude political offenses; however, the applicability in this case requires careful evaluation.
- Rule of Non-Inquiry: This principle allows the executive branch discretion in extradition matters, enabling considerations beyond legal obligations.
Constitutional Protections
Although Sheikh Hasina is not an Indian citizen, she is entitled to certain protections under Indian Constitution:
- Article 20: Safeguards against retrospective criminal laws and double jeopardy.
- Article 21: Guarantees the right to life and personal liberty, extending to all individuals within Indian territory.
Supreme Court ruling in National Human Rights Commission vs. State of Arunachal Pradesh & Anr. (1996) affirmed that non-citizens are entitled to Article 21 protections, reinforcing the constitutional commitment to human rights.
International Criminal Court (ICC) Considerations
Bangladesh is a state party to the Rome Statute, granting the ICC jurisdiction over certain crimes committed within its territory.
- Jurisdictional Criteria:
- Material: The alleged crimes meet the gravity threshold for crimes against humanity.
- Personal: Committed by a citizen of a state party.
- Territorial: Occurred within Bangladesh.
- Temporal: After the Rome Statute’s entry into force in 2002.
- Complementarity Principle: The ICC acts as a court of last resort, intervening only when national jurisdictions are unwilling or unable to prosecute.
- Potential Grounds for ICC Involvement:
- If the accused’s rights are endangered.
- If national proceedings lack independence and impartiality.
- If proceedings are inconsistent with intent to bring the person to justice.
- Alternative Solutions Involving the ICC:
- Under Article 14 of the Rome Statute, Bangladesh can refer the matter to ICC.
- Under Article 15, the Prosecutor can initiate a preliminary examination proprio motu.
Legal Frameworks Governing Extradition and Rights Protection
Indian Legal Provisions
- Constitutional Protections:
- Articles 20 and 21 extend to all individuals, including non-citizens.
- The Supreme Court’s precedent affirms these protections for non-citizens.
- Extradition Framework:
- The Indian Extradition Act of 1962 provides the legal basis for extradition proceedings.
- A bilateral extradition treaty with Bangladesh, signed in 2013, outlines the terms and conditions for extradition between the two nations.
- Executive Discretion:
- The rule of non-inquiry grants the executive branch discretion in extradition matters, allowing considerations beyond strict legal criteria.
ICC Legal Provisions
- Jurisdictional Provisions:
- Articles 5, 11, and 12 of Rome Statute establish ICC jurisdiction over crimes such as genocide, crimes against humanity and war crimes.
- Article 17 embodies the complementarity principle, emphasizing ICC role as a court of last resort.
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