Bangladesh officially sent all the documents necessary for India to request the extradition of Sheikh Hasina and is ready to submit a reminder when it is deemed necessary, confirmed the spokesman for the Ministry of Foreign Affairs, Mohammad Rafiqul Alam , February 13.
However, the extradition request – sent by a verbal note at the end of December – remains unanswered by India. The New Delhi’s Department of External Affairs maintained a reserved position and, despite repeated surveys, has refrained from making other comments beyond a first acknowledgment of receipt.
While the Bangladesh legally has the right to request the return of Hasina under the extradition treaty of 2013 – which was modified in 2016 to accelerate the process – the geopolitical and diplomatic implications remain complex.
If India agreed to extradite Hasina, the process would take place through a series of stages subject to both the letter from the Indian-Bangladesh extradition treaty and to the harsh realities of international diplomacy.
“While technical details are largely governed by the extradition treaty, political, diplomatic and human rights considerations would make it an incredibly complex and sensitive question,” said Dr Sangeeta Taak, academic and legal who is Deputy professor at Rajiv Gandhi National University of Law in Punjab.
The process begins with Bangladesh subjecting an official extradition request in India, said Taak. This request must detail in depth the accusations against Hasina and be reinforced by a solid collection of support documents, including legal orders, arrest warrants and other proof documents.
Taak also stressed that “the request must also include [confirmation] that the trial will be just at Bangladesh and that it will not be biased. »»
In other words, beyond the simple enumeration of alleged crimes, the request must offer to the insurance that Hasina would not be subject to a trial of political partiality – a critical requirement that India should check before even considering extradition.
In particular, Bangladesh has already fulfilled this requirement. But what comes next?
Once the official request has been filed, the Indian authorities – mainly the Ministry of External Affairs (MEA) and the Ministry of Internal Affairs (MHA) – are supposed to launch an in -depth examination to determine whether all the treatments of treatments are fulfilled.
Taak explained: “As India already has an extradition treaty with Bangladesh, the Indian government examines and ensures that the extradition treaty is properly respected, according to the agreement.”
This examination process would imply determining whether the charges against Hasina are legally recognized as criminal offenses in both countries, a concept known as double crime. Indian authorities should also examine whether one of the accusations was exemptions for political, military or religious offenses – a determination which could ultimately provide reasons to reject the extradition request.
Even if the initial administrative examination is favorable, the question would not stop there. The extradition request would then be subject to a legal examination in India, where the specialized extradition courts would examine its legality and its merits.
“India would also do a legal examination of extradition,” said Taak. “The special courts designed for extradition in India would examine the legality and merits of the extradition request. If the court concludes that there is a credible threat of political proceedings, it can block extradition. »»
This judicial safeguard is essential to prevent the abusive use of extradition laws for political remuneration, ensuring that any decision to submit Hasina is firmly based on the rule of law.
If the courts and the executive power of India finally decide to proceed with extradition, the next step would be the issuance of an arrest warrant by the competent authorities – either by the local police or by the central organizations of ‘Application of the law.
“After his arrest, Sheikh Hasina would probably be owned in a secure establishment while arrangements are made for her extradition,” said Taak. “The law generally allows him to remain in detention pending formal procedures.”
Given the prominence of Hasina and the high level of attention of the public, its detention would be managed with exceptional security measures to prevent any disruption or attempted escape.
The last step in the extradition process would be the physical transfer of Hasina from the Indian Guard to the Bangladais authorities. This step would require a meticulously coordinated effort between the two governments, ensuring that all legal and diplomatic protocols are respected, said Taak.
She clarified: “After this meticulous examination, the physical transfer of Sheikh Hasina from Indian Guard to Bangladesh will be made … The transfer would be made in a agreed manner by both parties, generally at a border or at the international airport. »»
In practice, this could involve a government flight from the government leaving an international airport in India and landing in Dacca, or a transfer during a border post designated as the Petapole-Benapole control point.
However, even if these legal and procedural stages are delimited, the extradition of a former Prime Minister is necessarily to be very politicized.
Taak noted that “political leaders often enjoy certain immunities and protections, which makes extradition more complicated”.
She added: “Human rights organizations could intervene, arguing that Sheikh Hasina could face unjust treatment or potential damage to Bangladesh, which could lead to an international legal challenge.”
Such intervention could further complicate the process, adding pressure on India to ensure that all human rights guarantees are in place.
In addition, Hasina herself “could seek asylum in India, claiming persecution in Bangladesh, which would further complicate the extradition process,” said Taak.
Beyond these legal complexities, the final decision of India – whether to comply with the Bangladesh’s request or to refuse it – will surely have a great range.
Accepting Dhaka’s request could erase diplomatic relations from India with other nations that are wary of perceived political remuneration, which makes Hasina’s extradition seems to be a non-start.
However, a simple refusal could also create more chaos than expected, especially with the UN report On the lifting of the monsoon, which involved Hasina and its party leaders, as well as law enforcement organizations, in crimes against humanity.
The two accepting and refusing the extradition request will bear consequences for New Delhi. This is precisely why stay silent, and keep a waiting position on Hasina extradition, seems to be the most likely option for India – at least for the moment.