Can Sheikh Hasina be extradited from India to Bangladesh to stand trial?
The HinduThe chief prosecutor of Bangladesh’s International Crimes Tribunal has announced plans to seek the extradition of ousted leader Sheikh Hasina from neighbouring India. Since the charges against Ms. Hasina are prosecutable in India, and the penalties for her alleged crimes are also substantial, she qualifies for extradition on these grounds. Given that several of the charges against Ms. Hasina — such as murder, enforced disappearance, and torture — fall outside the scope of this exemption, it is unlikely that India will be able to justify these accusations as political transgressions to deny extradition. Another basis for refusal is outlined in Article 8, which permits denial of a request if the accusation is not “made in good faith in the interests of justice” or if it involves military offences not considered “an offence under general criminal law.” India could potentially refuse extradition on the ground that the charges against Ms. Hasina have not been levelled in good faith and there is a possibility of her being subjected to political persecution or an unfair trial upon her return to Bangladesh.