The International Criminal Tribunal (ICT) of Bangladesh has issued a second arrest warrant against Sheikh Hasina, the deposed prime minister, and 11 others, including former military generals and a former police chief, for their alleged involvement in enforced disappearances.
This new arrest warrant, issued on January 6, targets Hasina, who fled to India after her Awami League government was ousted following massive anti-government protests in August last year. This marks the second arrest warrant issued against her, with the tribunal having recorded three cases against Hasina so far.
The court’s order directs the Inspector General of Police to arrest the 12 individuals, including Hasina, and present them before the tribunal on February 12, in connection with a case involving hundreds of enforced disappearances. Among those named in the case are Hasina’s former defense adviser, Major General (retd) Tarique Ahmed Siddique, and former IGP Benazir Ahmed. While Siddique is currently in custody, Ahmed is believed to be on the run.
What law says
On Bangladesh court issuing second arrest warrant for former PM Sheikh Hasina, former Additional Solicitor General of India and President of Supreme Court Bar Association, Vikas Singh told ANI, “International Criminal Tribunal is a tribunal set up in Bangladesh on the basis of a domestic law of Bangladesh where they recognise certain international crimes and this arrest warrant is by a domestic court of Bangladesh. For that arrest warrant to be made effective, there will have to be an extradition from India. It is only after extradition from India that this warrant can be made effective.”
Singh clarified that for extradition, the particular offender has several protections. "One of them is that for a political crime, you can’t be extradited. The other protection is that the punishment in the country which is seeking extradition should not have a higher punishment than that is provided for the similar offence in India," he said.
“So, considering all these safeguards and all the other safeguards that they have, they will have to move an Indian court for getting the extradition. It is doubtful whether an extradition can be granted under these circumstances,” he added.
Mohammad Tajul Islam, the ICT’s chief prosecutor, withheld the names of most of the accused, citing the need to protect the investigation and facilitate their arrest. Islam emphasised that over the past 15 years, Bangladesh has witnessed a pervasive culture of fear, with thousands of people forcibly disappeared by various forces, both in plainclothes and in uniform, many of whom have never returned.
Earlier arrest warrant
In December, the Bangladesh government formally requested Hasina’s extradition from India, although New Delhi has acknowledged the request but refrained from commenting on it.
The ICT first issued an arrest warrant for Hasina on October 17, charging her with genocide and crimes against humanity related to the violent protests of July and August. Since the fall of the Awami League government, at least 60 complaints have been filed at the ICT, accusing Hasina, her party members, allies, and senior law enforcement officials of enforced disappearances, killings, genocide, and other crimes.
A commission set up by interim Chief Adviser Muhammad Yunus's government submitted a provisional report, alleging Hasina, her officials, and neighbouring India’s involvement in enforced disappearances.