Bangladesh Requests Extradition
Bangladesh formally requested India's extradition of Sheikh Hasina for trial over alleged crimes during the 2024 protests.
The request aligns with India’s Foreign Secretary’s upcoming visit to Bangladesh to improve relations.
Hasina, declared an absconder after fleeing to India, faces charges of conspiracy, mistreatment, and genocide.
Legal Context and Extradition Issues
Bangladesh’s International Crimes Tribunal issued arrest warrants for Hasina and others involved in the violence.
Bangladesh law allows trials in absentia, though this raises concerns about fairness in common law jurisdictions.
Given that Bangladesh is a party to the Rome Statute, the case could be referred to the International Criminal Court (ICC), as the alleged crimes meet its jurisdictional criteria.
India’s Possible Defenses and Solutions
India could argue that the charges against Hasina are political offenses, a valid ground for rejecting extradition under the 2013 India-Bangladesh extradition treaty.
India might also invoke the non-inquiry rule, arguing that extradition is an executive decision and not subject to judicial intervention.
An alternative could involve house arrest for Hasina in India, with participation in her trial via video conferencing.
International Criminal Court (ICC) Alternative
Bangladesh could refer the case to the ICC, as the alleged crimes meet the ICC's material, personal, territorial, and temporal criteria.
If Bangladesh fails to conduct a fair trial, the ICC may intervene and offer an alternative venue for Hasina's trial, ensuring impartiality and protection of her rights.
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