Amid the diplomatic ties between India and Bangladesh, the interim government of India’s eastern neighbour said it, on Monday, has sent a diplomatic note to India government to send Sheikh Hasina back to Dhaka.
“We have sent a diplomatic note to the Indian government through our Foreign Affairs Department saying that Bangladesh wants Sheikh Hasina back for the judicial process,” said Touhid Hossain, the advisor of the foreign affairs department in Dhaka.
Hasina has been living in exile since August 5, the day she fled Bangladesh amid the student-led protests that toppled her 16-year regime.
Dhaka-based International Crimes Tribunal (ICT) has issued arrest warrants for Hasina and several former Cabinet ministers, advisers, and military and civil officials for “crimes against humanity and genocide”.
Earlier in the morning, Home Advisor Jahangir Alam said his office has sent a letter to the foreign ministry to facilitate the ousted premier’s extradition from India.
“We have sent a letter to the foreign ministry regarding her extradition. The process is currently underway,” he told reporters.
Alam said an extradition treaty between Dhaka and New Delhi already exists and Hasina could be brought back to Bangladesh under the treaty.
On July 28, 2016 India and Bangladesh signed an agreement to amend Article 10(3) of the bilateral extradition treaty to facilitate expeditious extraction of fugitive criminals between the two countries.
According to international law, even with an extradition treaty in place, a country is not always bound to send back a person. Extradition treaties typically outline the conditions under which one country will transfer a person to another country to face trial or serve a sentence.
There are some reasons that can lead a country to refuse extradition of someone, even if there's a treaty. The reasons include If the crime is considered a political offense, the person has already been tried and acquitted or convicted of the same crime in the requested country and if the requesting country doesn't provide sufficient evidence to support the extradition request.
Ultimately, the decision to extradite someone is often subject to the discretion of the country's authorities and courts.