CR I MI N A L L AW A N D FAIR T RIAL RIGHTS
in accordance with the provisions of the CrPC. Indeed, per Section 31 of this Act, all orders, judgments, and
sentences passed by an Anti-Terrorism Tribunal may be appealed within 30 days to the High Court. While
the offences defined in this Act are generally not bailable, a Magistrate or judge may release any individual
accused where they have reason to doubt the convictability of the accused and the State has been granted an
opportunity to hear the accused’s bail application (Section 32). Proceedings of any Anti-Terrorism Tribunal must
be concluded within six months from the date on which charges were framed, with the possibility of up to a
three-month extension, and thereafter an additional maximum three-month extension with written notification
to the High Court Division and the Government (Section 33).
Extradition Act, 1974
S UMMARY
Provides the Government with the authority to extradite individuals accused or convicted of a crime to
another State where the extradition offence for which they are sought would also be an offence for which
they could be convicted, were it to have been committed in Bangladesh.
A PPL ICAB IL IT Y TO RO H I NGYA
This Act applies to all individuals accused or convicted of defined extradition offences by a foreign State seeking
their extradition from Bangladesh. Therefore, Rohingya accused or convicted of qualifying offences who are
sought for extradition from Bangladesh by Myanmar or another State are covered by this Act. However, extradition
of Rohingya to Myanmar is not possible, as this would constitute a violation of the non-refoulement principle.
PROTECTIO N NOT ES
Following the judgment of the High Court Division in the RMMRU case,43 any procedure to return Rohingya
prisoners to Myanmar is prohibited, as it would constitute a breach of the peremptory norm of non-refoulement.
No extradition treaty between Bangladesh and Myanmar exists.
Currently, Bangladesh has an extradition treaty in effect with only two States, India and Saudi Arabia, and
extradition of individuals to non-treaty States by the GoB is only possible by notification in the Official Gazette
(Section 4.1). Further, no individual sought for extradition may be surrendered to a foreign State if the grounds
for their extradition is deemed to be political in character, if the individual would have been eligible for
discharge or acquittal if they were to be tried in Bangladesh, as well as if it appears that, upon surrender, the
individual would face prejudice in trial or be punished, detained, or restricted in personal liberty by reason of
race, religion, nationality, or political opinions (Section 5).
Cross-References:
INTERNAL (RELEVANT LEGISLATION FOUND IN OTHER SECTIONS OF THIS DOCUMENT):
• Constitution of Bangladesh, Arts. 31, 32, 33, 35 & 44
• Legal Aid Services Act, 2000
EXTERNAL (INTERNATIONAL HUMAN RIGHTS LAW INSTRUMENTS):
• International Covenant on Civil and Political Rights (ICCPR), Acceded: 09/06/2000:
—R
ight to life/prohibition on arbitrary deprivation of life (Article 6)
—P
rohibition on torture, inhuman or degrading treatment or punishment (Article 7)
44
BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH