With no extradition treaty between Bangladesh and the United Arab Emirates, questions have arisen over the process by which former Inspector General of Police (IGP) Benzir Ahmed can be brought back following his arrest in Dubai. He may be produced before that country’s court and could apply for bail, according to reports.
Saifur Rahman, a former associate editor of the UAE news outlet Gulf News and executive editor of The Arabian Post, told the BBC that normal operations at offices and courts in the country resumed on Tuesday after a public holiday. In that case, if Benzir Ahmed is now produced before a court, he could apply for bail.
He said that, in all likelihood, Benzir’s lawyers would move the court for his bail. Any travel ban or similar measure might keep him within the country, he said. “His fate will be determined by the Bangladesh government’s next moves,” he said.
He added that reliable information would become available from the public prosecution once court proceedings began. As of Tuesday night, however, the BBC had not obtained any information on the matter.
Saifur Rahman told the BBC that reports of Benzir Ahmed being arrested at Dubai airport were not accurate; he was arrested from a Dubai mall. Benzir Ahmed was in Dubai and is a resident there, he said.
Saifur Rahman said there is also information that Benzir Ahmed holds investor status in the United Arab Emirates. However, no statement had been obtained from the UAE authorities or from Benzir Ahmed’s side on the matter, he said.
Saifur Rahman said Dubai’s 10-year Gold Card is given to investors. A foreign national who meets the conditions can be granted a Gold Card for 10 years.
As to how Bangladesh’s former police chief was arrested, or any other details, Dubai police had not yet made any statement, he said.
Meanwhile, legal experts say that extraditing or returning former IGP Benzir Ahmed to Bangladesh depends mainly on four factors.
Olora Afrin, a Supreme Court of Bangladesh lawyer practising in the United Arab Emirates, spoke to BBC Bangla.
She said that even without an extradition treaty between Bangladesh and the UAE, returning him to the country depends largely on their law, the courts, diplomatic efforts and proper documentation.
Olora Afrin said an Interpol Red Notice is not an arrest warrant. “It’s just a notice,” she said. Even without an extradition treaty with Bangladesh, the UAE court mainly considers four specific matters, she said: whether the offence on which the Interpol notice was issued, the offence committed in Bangladesh, would also be treated as a criminal act there.
The process by which Benzir must be returned
Lawyer Olora Afrin said the UAE court will also weigh whether the allegations against the former IGP are political or whether he was genuinely involved in criminal activity.
Legal experts say that to return the former IGP, Bangladesh will have to submit a number of documents to the UAE court. A copy of the arrest warrant, all papers related to the case, all documents related to the offence and the records of all Bangladeshi court orders must be submitted to the UAE court.
Olora Afrin said the court will examine these to see whether all procedures are in order and whether everything has come before it in accordance with the legal system of the United Arab Emirates.
The final decision will rest with the UAE court, she said.
There are six cases filed by the Anti-Corruption Commission (ACC) against Benzir. A charge sheet has been submitted in one of them, and another is on trial.
In addition, five more cases, including one for passport forgery, are under investigation. He is also under investigation in a case before the International Crimes Tribunal on charges of crimes against humanity.
But Olora Afrin, a lawyer based in the United Arab Emirates, said efforts must be pursued simultaneously on both the diplomatic and legal fronts.
The lawyer said: “I would say this will actually work mainly through diplomatic channels. To reach a decision, the UAE government too will help the Bangladesh government. And if this process is followed, it will take roughly about 30 days.”
Aktarul Islam, a public relations officer of the Anti-Corruption Commission (ACC), told BBC Bangla that he was arrested in a case over acquiring wealth beyond known income filed by the ACC.
He said Interpol had been asked to issue Red Notices in two cases, including one for passport forgery.
Aktarul Islam said the arrest was mainly in the case of wealth beyond known income. “Now our next step is that the request letter we have to send to bring him back, along with all the documents, will go from the police headquarters to the Home Ministry and then through the proper channel,” he said.
Aktarul Islam said the documents needed to return Benzir Ahmed to the country had been prepared with the help of the National Central Bureau (NCB) at police headquarters. These documents have already been sent to the Home Ministry and are to be sent on to the UAE government through the Foreign Ministry.
When could the return prove difficult?
Several countries around the world have examples of relaxed legal arrangements for foreign investors. The United Arab Emirates has such examples too.
Journalist Saifur Rahman said that if Benzir Ahmed is a legal resident and faces no allegations of any offence there, his lawyers might raise that argument.
Afrin, however, believes it is not the case that being an investor in Dubai brings legal leniency. Rather, she said, the matter depends largely on Bangladesh’s diplomatic efforts.
She cited the case of Robiul Islam, alias Arav Khan, one of the accused in the murder of Mamun Imran Khan, a police inspector of Dhaka’s Special Branch.
In 2023, Interpol issued a Red Notice against Robiul Islam, a Bangladeshi citizen and gold trader in the United Arab Emirates. But because of his other nationality, an Indian passport, he could not later be returned to Bangladesh.
Afrin said that if Benzir Ahmed holds the nationality of another country, the UAE would also examine any bilateral understanding with that country.
বাংলায় মূল প্রতিবেদন পড়ুন · Read the original Bengali report