Hasina’s extradition hinges on India’s willingness: Experts
Govt says India 'obliged' to return Hasina
Rajib Kanti Roy, Dhaka
Published: 3h ago
Photo: Collected
Political scientists, international relations experts and former diplomats say the execution of the International Crimes Tribunal (ICT) verdict against Sheikh Hasina will largely depend on India’s political willingness, as Dhaka renews its request for the extradition of the ousted prime minister.
Hasina, who was sentenced to death on Monday for crimes against humanity committed during the July mass uprising, has been residing in India since she fled Bangladesh on 5 August last year.
Prof Sabbir Ahmed of Dhaka University’s political science department said political considerations will be a decisive factor in determining whether India extradites Sheikh Hasina.
“India has a historic relationship with Sheikh Hasina and the Awami League. It has offered shelter to numerous fleeing Awami League leaders there, along with Sheikh Hasina. I think this can be a bargaining tool for the country with Bangladesh if it can keep its influence on them. India has no reason to leave this opportunity,” he told the Daily Sun.
“India realises that it will be difficult for Bangladesh to ignore its influential neighbour due to its geographic location,” Prof Sabbir, also the general secretary of Bangladesh Political Science Network, said, adding that the government has to make India understand that the extradition of Sheikh Hasina is the broader will of the people of Bangladesh.
Analysts said while the scope for extradition is limited, the interim government must continue diplomatic efforts if it intends to enforce the tribunal verdict.
“It is clear to us that India will not extradite Sheikh Hasina. Yet Bangladesh can push the issue as the verdict has offered a renewed basis to raise it,” Prof Shahab Enam Khan of the Department of International Relations at Jahangirnagar University told the Daily Sun.
He observes that the Bangladesh government needs more sincere efforts to show that Sheikh Hasina’s trial is to ensure justice, and it has no connection with politics.
“Since
Bangladesh sent a note verbale on 23 December last year requesting Sheikh
Hasina’s extradition, India has not yet responded to the matter. It has placed
the same request to the country today (Monday) after the verdict. The
government should have followed up with more letters in the meantime,” said
Shahab, who also serves as executive director and CEO of the Bangladesh Centre
for Indo-Pacific Affairs.
Former ambassador Humayun Kabir said there are two aspects of Sheikh Hasina’s extradition, as he thinks India will prefer political factors of the issue over the legal aspects, though Article 6 of the 2013 extradition treaty between the two countries offers it the opportunity to explore legal loopholes.
“Bangladesh has sent a note verbale and requested India to extradite the former prime minister. India could exploit the legal gaps. But it has said nothing. Now, after the verdict and fresh request, it is India’s time to respond,” he said.
Apart from asking India to return Sheikh Hasina as per the extradition treaty, experts think it can request Interpol to provide help in this regard.
But
Interpol has not issued Red Notices against 24 fugitives, including Hasina and
several former ministers and MPs even in eight months after the request.
Sources in the relevant unit of the police headquarters say it is still unclear why Interpol has not yet issued Red Notices against them.
Once
an application is submitted, Interpol reviews all documents and information on
the accused according to its own procedures before issuing a notice. Bangladesh
Police has previously received responses from Interpol within three weeks of
submitting such requests.
Dhaka says Delhi has ‘obligation’ to return Hasina
The
government has renewed its request to India for the extradition of Sheikh
Hasina and her Home Minister Asaduzzaman Khan Kamal.
The
Ministry of Foreign Affairs issued the appeal in a statement following the ICT
verdict.
“The verdict announced by the International Crimes Tribunal held both absconding accused Hasina and Asaduzzaman guilty, sentencing them for the murders during the July uprising. It would be extremely unfriendly and demeaning to justice for any other country to grant asylum to these individuals convicted of crimes against humanity,” the statement reads.
“We
urge the Indian government to immediately hand over these two convicts to the
Bangladeshi authorities. It is also a legal obligation for India as per the
existing extradition treaty between the two countries,” the ministry added.
Meanwhile, Law, Justice and Parliamentary Affairs Adviser Prof Asif Nazrul said the government will write to Delhi again requesting Hasina’s extradition.
“If India continues to shelter this ‘mass murderer’, then India must understand that this is a very reprehensible act of hostility against Bangladesh and its people,” he said.