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

Select target paragraph3