Bangladesh has requested India to extradite deposed prime minister Sheikh Hasina wanted by a tribunal to stand trial on charges of "crime against humanity" during her prolonged rule.
"We have sent a note verbale to the Indian government to send the former prime minister back in this regard," Foreign Affairs Adviser Touhid Hossain told the FE Monday.
The government wants her back as her presence is required for judicial trial here, said the foreign adviser of the interim government installed through the August-5th uprising that toppled the Hasina regime after over 15 years of her iron rule.
The former prime minister, who fled to Delhi in the face of massive upsurge against her "autocratic" rule, is facing charges of crime against humanity and corruption.
Already, warrant for her arrest has been issued the International Crimes Tribunal
in Dhaka.
Earlier, Home Adviser Jahangir Alam said the government had written to the Ministry of Foreign Affairs for facilitating the return of the ousted prime minister from her refuge in India.
He was talking to the reporters after an event marking the Border Guard Bangladesh or BGB Day at Dhaka's Pilkhana on the day (Monday).
"We have sent a letter to the foreign ministry regarding her extradition. The process is currently underway," he said.
The adviser mentions that an extradition treaty between Bangladesh and India already exists and the former prime minister, who fled to India, could be brought back to Bangladesh under the pact.
The Bangladesh-India Extradition Treaty reads: "The Contracting States agree to extradite to each other, subject to the provisions of this Treaty, persons found in the territory of one of the Contracting States who have been proceeded against for or have been charged with or have been found guilty of, or are wanted for the enforcement of a judicially pronounced penalty for committing an extraditable offence, as described in Article 2, by the judicial authority of the other Contracting State."
However, there are 'Grounds for Refusal of Extradition' in Article 8 of the treaty which reads:
"1. A person may not be extradited if: (a) he satisfies the Requested State that it would, having regard to all the circumstances, be unjust or oppressive to extradite him by reason of: (i) the trivial nature of the offence of which he is accused or was convicted; or (ii) the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be ; or (iii) the accusation against him not having been made in good faith in the interests of justice; or (b) the offence of which he is accused or convicted is a military offence which is not also an offence under the general criminal law.
2. A person who has been convicted of an extradition offence may not be extradited therefor unless he was sentenced to imprisonment or other form of detention for a period of four months or more.
3. A person may not be extradited if he would, if proceeded against in the territory of the Requested State for the offence for which his extradition is requested, be entitled to be discharged under any rule of law of the Requested State relating to previous acquittal or conviction."
According to foreign-relations experts, extradition hinges on political will of the government concerned. "If any country does not want to avoid extradition, it may cite a number of excuses," a senior diplomat told the FE.
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