The International Crimes Tribunal (ICT) in Bangladesh has handed down a death sentence to former Prime Minister Sheikh Hasina, igniting a fierce debate about judicial independence and political influence. The ruling, which comes as Hasina is reportedly in India, puts New Delhi in a challenging position regarding the extradition treaty between the two nations.
The conviction is tied to the widespread protests and violence during the 2024 student movement, which resulted in significant loss of life. The ICT has found Hasina responsible for orchestrating actions that led to these tragic outcomes.
Hasina was charged with several serious offenses, including ordering killings, inciting violence through speeches, obstruction of justice, and involvement in the deaths of specific individuals and the subsequent destruction of evidence. The tribunal imposed the death penalty for the most severe charges and a life sentence for obstruction of justice.
Crucially, Hasina must be physically present in Bangladesh to lodge an appeal within the 30-day timeframe, a condition she has indicated she will not meet. She has vehemently denied the charges, labeling the verdict as politically motivated and asserting that her trial was unfair due to the tribunal’s alleged bias and operation under an unelected government. Hasina has stated her intention to seek justice at the International Criminal Court.
Bangladesh’s interim government has formally requested India to extradite Hasina, citing the existing extradition treaty. However, the treaty includes a provision (Article 6) that exempts individuals from extradition if the offense is deemed political. Hasina’s stance that her prosecution is politically motivated could therefore allow India to deny the extradition request.
The International Crimes Tribunal itself has become a subject of controversy. Originally established to prosecute war crimes from 1971, its mandate was controversially expanded by the current interim government to cover more recent events. Concerns about the impartiality of the tribunal, particularly regarding the appointment of its judicial and prosecutorial staff by the interim administration, have led to strong criticism, with some observers referring to it as a ‘kangaroo court.’ The timing of the verdict’s announcement, after a postponement and coinciding with Hasina’s wedding anniversary, has fueled further suspicion.
In Bangladesh, Hasina’s supporters have responded with protests and demonstrations, some of which have turned violent. This has heightened political instability, raising concerns about the nation’s future. India’s decision on the extradition request will have significant implications for bilateral relations and regional stability.