[🇧🇩] Extradition of Hasina and Related News.

[Saif]

Govt to seek extradition of Hasina

Former Prime Minister Sheikh Hasina. Photo: Reuters/File

The interim government will seek extradition of former Prime Minister Sheikh Hasina, who took shelter in India after the fall of the Awami League government through a students-led mass upsurge on August 5, Law Adviser Asif Nazrul said today.

Prosecutors of the International Crimes Tribunal have already been appointed and the authorities have made other visible progress for the trial of the ones accused of crimes against humanity during the July students protest.

"Soon, the trial process will begin and then we will seek extradition of former prime minister from India," he said.

Hasina and dozens of other leaders of her cabinet and Awami League are facing cases that accused them of murders during the July-August protests.

A UN fact-finding mission also started working in Bangladesh to investigate all the human rights violations between July 1 and August 15.​

 

[Saif]

শেখ হাসিনার ভারতেই থাকা উচিত: শ্রীলঙ্কার প্রেসিডেন্ট

ভারতীয় সংবাদমাধ্যম ফার্স্টপোস্টকে দেওয়া এক সাক্ষাৎকারে তিনি এ মন্তব্য করেন।

bangla.thedailystar.net

শেখ হাসিনার ভারতেই থাকা উচিত: শ্রীলঙ্কার প্রেসিডেন্ট
ভারতীয় সংবাদমাধ্যম ফার্স্টপোস্টকে দেওয়া এক সাক্ষাৎকারে তিনি এ মন্তব্য করেন।

শ্রীলঙ্কার প্রেসিডেন্ট রনিল বিক্রমাসিংহে। ছবি: ভিডিও থেকে নেওয়া

বাংলাদেশের সাবেক প্রধানমন্ত্রী শেখ হাসিনার ভারতেই অবস্থান করা উচিত বলে মন্তব্য করেছেন শ্রীলঙ্কার প্রেসিডেন্ট রনিল বিক্রমাসিংহে।

ভারতীয় সংবাদমাধ্যম ফার্স্টপোস্টকে দেওয়া এক সাক্ষাৎকারে তিনি এ মন্তব্য করেন। ফার্স্টপোস্টের ব্যবস্থাপনা সম্পাদক পালকি শর্মাকে দেওয়া এ সাক্ষাৎকার বৃহস্পতিবার প্রকাশিত হয়।

শেখ হাসিনার ভারতে অবস্থানকে কেন্দ্র করে দিল্লি-ঢাকা টানাপড়েন নিয়ে মন্তব্য জানতে চাইলে রনিল বিক্রমাসিংহে বলেন, 'প্রথমে বাংলাদেশে স্থিতিশীলতা আনতে হবে, জনগণের আস্থা ফেরাতে হবে। পরিস্থিতি সামলে নিতে আমাদের সবার উচিত বাংলাদেশকে সাহায্য করা।'

'শেখ হাসিনার বিষয়ে উদ্বেগ আছে, সেটা রাজনৈতিক ইস্যু। এটা এভাবে দেখতে হবে যে অনেক নেতা দেশ ছেড়ে বিদেশে যান। এরপর তারা বিদেশেই অবস্থান করেন। এগুলো রাজনৈতিক ব্যাপার,' বলেন তিনি।

বিক্রমাসিংহে আরও বলেন, 'আমি যে বিষয়ে অগ্রাধিকার দেবো, তা হলো বাংলাদেশ স্থিতিশীল হোক। শেখ হাসিনা যদি দেশের বাইরে থাকতে চান, বাইরেই থাকুক।'

আরেক প্রশ্নের জবাবে তিনি বলেন, 'বিনিয়োগকারীদের বলব আপনারা বাংলাদেশ ছেড়ে যাবেন না। দ্রুত সেখানে স্থিতিশীলতা ফিরে আসুক। সেনাবাহিনীকে বাড়তি ক্ষমতা দেওয়া হয়েছে। এটা এ সময় প্রয়োজন ছিল।'

'জনগণকে সিদ্ধান্ত নিতে হবে যে তারা কীভাবে দেশ চালাতে চায়, নির্বাচন হোক। বাংলাদেশের ভবিষ্যৎ খুবই সম্ভাবনাময়,' বলেন শ্রীলঙ্কার প্রেসিডেন্ট।​

 

[Saif]

No specific discussion on Hasina with foreign secretary, says Verma

Indian High Commissioner Pranay Kumar Verma has said there were no specific discussions regarding former prime minister Sheikh Hasina during his meeting with Bangladesh’s Foreign Secretary Md Jashim Uddin. "There wasn’t a specific issue. We mainly discussed how to improve our relations

thefinancialexpress.com.bd

No specific discussion on Hasina with foreign secretary, says Verma
Published :
Oct 21, 2024 00:32
Updated :
Oct 21, 2024 00:32

Indian High Commissioner Pranay Kumar Verma has said there were no specific discussions regarding former prime minister Sheikh Hasina during his meeting with Bangladesh’s Foreign Secretary Md Jashim Uddin.

"There wasn’t a specific issue. We mainly discussed how to improve our relationship in the future,” Verma told journalists after the meeting at the foreign ministry on Sunday, bdnews24.com reports.

Hasina has been staying in India since the fall of the Awami League government on August 5. An interim government led by Muhammad Yunus took the reins on August 8.

On October 17, the International Crimes Tribunal issued an arrest warrant against Hasina in connection with allegations of genocide.

Foreign Adviser Touhid Hossain said the caretaker administration would take all necessary steps to arrange for the former prime minister's return within a month in compliance with the arrest warrant.

However, he added that they are not formally aware of the status under which Hasina is staying in India.

During a press briefing on the day the arrest warrant was issued, Indian foreign ministry spokesperson Randhir Jaiswal said: “The former prime minister of Bangladesh Sheikh Hasina came to India for security. She is still here.”

However, the spokesperson declined to comment on the arrest warrant issued against the former premier in connection with the genocide trial.

Amid these discussions, Verma met foreign secretary Jashim on Sunday.

“This is part of regular meetings. We discussed security and development between the two countries. We maintain positive relations,” Verma said.

He highlighted the mutual dependencies between India and Bangladesh, adding that both nations rely on each other and must continue to enhance this relationship for the benefit of their people.

Since the change of power, India has effectively suspended visa operations in Bangladesh. In response to a query, Verma said staffing shortages at the High Commission have hindered the resumption of regular travel visas for Bangladeshis.

He added, “However, emergency visas for medical and educational purposes are still available in limited quantities.”

A press release from the foreign ministry outlined the following bilateral issues discussed during the meeting:

• Status of the return of the Indian workforce to Bangladesh who had been engaged in various Line of Credit, or LoC projects

• Status of Indian visa operations

• Renewal of the Revised Travel Arrangement, or RTA

• Early consular access for Indian fishermen detained in Bangladesh last week

• Repatriation of Bangladeshi fishermen detained by Indian authorities in mid-September

• Holding of meetings for regular bilateral mechanisms, including the Foreign Office Consultations, or FOC​

 

[Saif]

দিল্লি থেকে হঠাৎ মীরাটের সেনানিবাসে শেখ হাসিনা! কিসের ইঙ্গিত?

 

[Saif]

Hasina’s extradition process will begin after conviction: CA press wing

The government will start the process of extradition of ousted prime minister Sheikh Hasina once she is convicted in court, Chief Adviser’s Deputy Press Secretary Apurba Jahangir said on Wednesday. “…there are cases against her (Sheikh Hasina). The process of returning her home

thefinancialexpress.com.bd

Hasina’s extradition process will begin after conviction: CA press wing
BSS
Published :
Oct 30, 2024 20:43
Updated :
Oct 30, 2024 20:43

The government will start the process of extradition of ousted prime minister Sheikh Hasina once she is convicted in court, Chief Adviser’s Deputy Press Secretary Apurba Jahangir said on Wednesday.

“…there are cases against her (Sheikh Hasina). The process of returning her home will begin after the court verdict,” he told a press briefing at Foreign Service Academy here this evening.

Apurba said Bangladesh has an extradition treaty with India, so it is possible to bring her back to the country under the treaty.

Responding to a query, Chief Adviser’s Press Secretary Shafiqul Alam said a search committee has been formed to constitute a new Election Commission (EC) and its gazette would be published within a day or two.

On Tuesday, the government formed the search committee, led by Justice Zubayer Rahman Chowdhury, a judge of the Appellate Division of the Supreme Court, to constitute a new EC.​

 

[Saif]

Potential backlash of delaying Hasina’s extradition

FOLLOWING months of speculation, the government of Bangladesh finally announced on October 30, 2024, its intention to initiate the extradition process for Sheikh Hasina, contingent...

www.newagebd.net

Potential backlash of delaying Hasina’s extradition
by Quazi Omar Foysal 09 November, 2024, 00:00

New Age/Md Saurav

FOLLOWING months of speculation, the government of Bangladesh finally announced on October 30, 2024, its intention to initiate the extradition process for Sheikh Hasina, contingent on her conviction verdict, presumably by the International Crimes Tribunal-Bangladesh. Generally, Bangladesh could, as per the India-Bangladesh Extradition Treaty 2013 (amended in 2016), request her extradition from India with an arrest warrant, which it already has at its disposal. It has instead opted to wait for a trial conviction before formally approaching India. Though there may be some policy considerations behind this strategy, its legal implications cannot be ignored.

The delay in requesting extradition may have two potential drawbacks: compromising the due process of the trials and complicating the extradition process. Both are closely interlinked.

The ICT has already issued an arrest warrant against Sheikh Hasina, and the government’s stance suggests regarding her extradition that the Tribunal may proceed with a trial in absentia. Though trial in absentia is not a common law tradition, Bangladesh introduced it through a 1982 amendment to the Code of Criminal Procedure of 1898. Subsequently, the International Crimes (Tribunals) Act 1973 was amended to accommodate trials in absentia in 2012. It is notable that Bangladesh made a reservation to Article 14 (related to the right to a fair trial) of the International Covenant on Civil and Political Rights 1966, presumably to retain that judicial practice.

The earlier ICT prosecutors employed the policy of trials in absentia, resulting in about two-fifths of the total convicted being tried without their presence. In fact, ICT trials in absentia policy attracted considerable criticism due to procedural shortcomings. It is highlighted by the Mueen-Uddin vs Secretary of State for the Home Department of the UK Supreme Court decision on June 20, 2024. The UK Supreme Court criticised ICT trials in absentia due to the lack of a full opportunity to contest the case, the effectiveness of court-appointed counsel, the prospect of retrials, and the absence of constitutional safeguards. These criticisms are likely to resurface if Bangladesh proceeds without addressing these concerns in the ICT framework.

The publicly available ICT amendment proposals do not address the issues surrounding trials in absentia. Should the government proceed with its plan to seek extradition only after a conviction, it must seriously consider aligning ICT’s in absentia proceedings with international standards. In that case, the government may take notes from the practices of the UN Special Tribunal for Lebanon, the sole international tribunal that allows trial in absentia. However, Bangladesh can avoid all these criticisms if it decides to try Sheikh Hasina in person. Hence, it would be better to initiate the extradition process pending the final trial.

An extradition request following a final conviction verdict may itself fit within the grounds for refusal of extradition, as stipulated in Article 8 of the 2013 Extradition Treaty. It states, inter alia, that ‘[a] person may not be extradited if... he satisfies the Requested State that it would, having regard to all the circumstances, be unjust or oppressive to extradite him by reason of... the accusation against him not having been made in good faith in the interests of justice.’ Given the Awami League leadership’s strong denials of responsibility for the July massacre, as evident in their public statements, an extradition request accompanied by a conviction verdict rendered in an in-absentia proceeding will provide Sheikh Hasina with sufficient grounds to convince India to trigger Article 8 grounds to reject Bangladesh’s extradition request.

It is likely that India may rely on the procedural differences between in-person and in-absentia trials to substantiate the Article 8 grounds, arguing that the trials in absentia would produce an unjust or oppressive outcome for Sheikh Hasina, undermining the interest of justice. Such a stance would complicate Bangladesh’s ability to advance counterarguments in favour of extradition.

The existence of capital punishment in Bangladeshi law in general and in the ICT Act in particular may offer India an additional tool for interpreting Article 8 of the 2013 Extradition Treaty. While the appropriateness of the death penalty in the transitional justice context is still debated, it has been seen as a hurdle in extraditing individuals, even between countries that retain the death penalty. It is important to note that the existence of the death penalty as a form of punishment and as the specific sentence of an individual under an extradition request are distinct issues, with the latter being particularly problematic in this context. Though both Bangladesh and India have not abolished the death penalty, the imposition of this penalty on a high-profile political leader may present additional challenges.

Given the death penalty as the ICT Act’s highest punishment, the severity of charges against Sheikh Hasina and the availability of evidence against her, it would not be surprising if the ICT — based on its prior sentencing patterns — were to sentence her to death for her alleged role in the July massacre. In that case, India may interpret an extradition request with a conviction verdict containing the death penalty as potentially punitive, arguing that it falls under the Article 8 exceptions. This could make Sheikh Hasina’s extradition nearly impossible.

One of the major shortcomings of the 2013 Extradition Treaty is its absence of a mandatory dispute settlement procedure, which will prevent Bangladesh from resolving any potential disputes related to an extradition request with India. Consequently, both nations may need to engage in diplomatic negotiations to resolve the dispute. To ensure a favourable outcome — namely, the extradition of Sheikh Hasina — Bangladesh should remain vigilant about these issues.

The author has argued elsewhere that Bangladesh should devise proper strategies for providing ‘diplomatic assurances’ to the individuals under the extradition requests in accordance with international best practices. Such measures could help mitigate any due process deficiencies in Bangladesh’s justice system and could be crucial in countering any arguments India may make under Article 8 of the 2013 Extradition Treaty.

For ‘diplomatic assurances’ to be effective, it is recommended that they should be extended to India before the commencement of the trials of an extraditable individual. Even if the ‘diplomatic assurances’ are made after the completion of the trials of Sheikh Hasina, Bangladesh may ultimately need to assure India of her retrial as part of these assurances.

Based on these considerations, initiating the extradition process before trial proceedings begin may be essential for Bangladesh, as a conviction verdict would likely preclude her extradition under the 2013 Extradition Treaty.

Quazi Omar Foysal is an international law expert, currently working at American International University-Bangladesh.​