How Benazir to be repatriated from Dubai, and what past experience teaches us

The arrest of former Inspector General of Police (IGP) Benazir Ahmed in Dubai, United Arab Emirates (UAE), has once again brought the challenge of repatriating influential fugitives hiding abroad to the forefront.

Acting on an Interpol Red Notice, the Dubai Police arrested Benazir Ahmed on 12 June in connection with a corruption case, according to a government announcement. The question now remains: how quickly can he be brought back to Bangladesh?

The National Central Bureau (NCB) serves as the primary liaison and coordinating body for each member state of Interpol. In Bangladesh, the NCB is situated at Police Headquarters, where it facilitates the exchange of intelligence and the apprehension of international criminals and fugitives.

Prothom Alo spoke with the institution’s five current and former officials who have dealt with repatriation processes in the past. They provided a comprehensive overview of how the mechanism operates.

According to relevant police officials, while Benazir’s arrest marks a significant breakthrough for Bangladesh, it is by no means the final step. An Interpol Red Notice can locate or apprehend a suspect; however, their actual repatriation depends heavily on the laws, judicial systems, extradition treaties, diplomatic maneuvers, and the legal weight of the case documents in the country where they are detained.

Addressing Parliament on Sunday, Home Minister Salahuddin Ahmed stated that a formal extradition request must be submitted through diplomatic channels within 30 days of the arrest date to secure Benazir Ahmed's return. The Ministry of Home Affairs will draft and approve the extradition proposal, which the Ministry of Foreign Affairs will then formally transmit to the UAE authorities via diplomatic channels.

The home minister noted that the NCB would coordinate with the authorities in Abu Dhabi, the UAE capital, expressing optimism that Benazir Ahmed could be repatriated to Bangladesh very swiftly.

There is a common misconception that an Interpol Red Notice acts as an international arrest warrant. In reality, it does not.

A red notice is a request sent to Interpol member states to locate, track, and provisionally arrest a fugitive, pending extradition. It must be underpinned by an arrest warrant or judicial order issued by a court in the requesting country.

Thus, while the issuance of the red notice against Benazir Ahmed and his subsequent arrest in Dubai represent two major milestones achieved, the final decision regarding his deportation to Bangladesh rests entirely with the UAE judiciary.

Bangladesh must now prove that the case against Benazir is not driven by political vendetta, but is rather a legitimate judicial process concerning corruption, illicit wealth, forgery, money laundering, or related offences. Furthermore, Dhaka must demonstrate that he will receive a fair trial upon his return.

According to relevant police officials, in general, Bangladesh must compile and transmit several categories of documentation to secure Benazir's return. These typically include the court's arrest warrant, the First Information Report (FIR), the charge sheet or an investigative summary, identification details, a description of the offences, relevant statutory and penal provisions, court orders, and the legal basis for extradition. These documents may need to be translated into a language acceptable to the UAE authorities and duly certified.

Upon receiving the extradition request, the relevant UAE authorities will first vet the documentation, after which the matter may be referred to a court. The UAE judiciary will examine whether the offences for which Bangladesh seeks Benazir Ahmed's extradition also constitute a crime under UAE law.

This legal principle is known as “dual criminality”. Allegations involving corruption, forgery, money laundering, or illicit wealth generally stand on relatively solid ground under this category.

However, the court may weigh several other considerations, such as whether the prosecution is politically motivated, whether the individual has already been tried elsewhere for the same offence, whether the case or sentence has lapsed due to a statute of limitations, whether the fugitive's fundamental rights risk being violated, or whether repatriation would expose them to inhumane treatment or other legal jeopardy.

Legal and diplomatic experts suggest that the likelihood of repatriating Benazir is significantly higher compared to many previous fugitives subject to red notices, owing to several distinct factors:

First, Benazir Ahmed is currently in the custody of the UAE authorities. In many past instances, even when Bangladesh succeeded in securing a red notice, it failed to confirm the fugitive's location, or the host country declined to make an arrest. In some cases, Bangladesh could not conclusively establish the suspect's identity. For now, at least, that hurdle does not exist in Benazir's case.

Second, the allegations against him centre on financial crimes and corruption. Interpol and host countries tend to exercise extreme caution regarding potential political motivation when dealing with red notice requests against political leaders, such as Sheikh Hasina. In Benazir’s case, there is a greater scope to frame the character of the allegations as an “ordinary criminal offence”.

Third, there is an active arrest warrant issued by a Bangladeshi court against him. Out of the six cases initiated by the Anti-Corruption Commission (ACC) against Benazir, a charge sheet has already been submitted in one. The inclusion of court orders, charge sheets, and documentation regarding illicit wealth will significantly bolster the extradition request.

However, a high probability does not guarantee repatriation. Benazir’s legal counsel could lodge objections before the UAE court, asserting that he would not receive an impartial trial in Bangladesh, that the prosecution is a retaliatory measure following a political transition, or that there are procedural flaws in the charge sheet and investigation. To counter these assertions, Bangladesh must present ironclad documentation, precise legal arguments, and sustained diplomatic engagement.

Bangladesh's historical track record indicates that securing an Interpol Red Notice is one thing, but bringing a fugitive home is quite another. Interpol’s public website currently lists 59 Bangladeshis under 'Red Notices'. This list features notorious criminal kingpins, murder suspects, convicted fugitives from the Bangabandhu Sheikh Mujibur Rahman assassination case, and individuals wanted for various other crimes; yet, the vast majority have never been repatriated.

A prominent example is Rabiul Islam, widely known as Arav Khan. A Red Notice was issued against him in connection with the murder of Mamun Emran Khan, an Inspector of the police’s Special Branch. He was traced to Dubai, but his repatriation became entangled in complexities when reports emerged that he held an Indian passport. Consequently, despite being a Bangladeshi citizen, his use of an alternative national identity and passport ultimately stalled his return. Such multilateral complications frequently render extradition protracted and uncertain.

Another notable case is that of the notorious criminal kingpin Jisan Ahmed. In 2019, reports surfaced of his arrest in Dubai. While Bangladesh initiated repatriation proceedings, ambiguity later arose regarding his whereabouts. Relevant sources at the time revealed that he was utilising Indian and Dominican Republic passports. Ultimately, he could not be brought back to Bangladesh.

Two police officials involved in Jisan’s extradition process told Prothom Alo that while the Bangladesh Police possessed comprehensive intelligence on Jisan's presence in Dubai, he denied his Bangladeshi citizenship to the Dubai Police. At that juncture, the Dubai authorities requested specific verification data regarding Jisan, which the Bangladesh NCB, for various reasons, failed to provide. As a result, his repatriation fell through.

Similarly, Red Notices have long failed to yield tangible results regarding the fugitive convicts in the Bangabandhu assassination case. Dhaka has maintained for years that Noor Chowdhury is residing in Canada and Rashed Chowdhury in the United States. Despite active Interpol Red Notices, they have not been returned. Diplomatic gridlocks, legal protections linked to asylum or residency status, the prospect of the death penalty being carried out, and the domestic human rights stances of the host nations are viewed as formidable barriers.

According to data from Police Headquarters, Bangladesh has sought Red Notices against at least 25 individuals over the past year. This list included the ousted Prime Minister Sheikh Hasina, currently residing in India, alongside her family members, former ministers, former advisers, business tycoons, and fugitives from various criminal cases.

However, apart from Benazir Ahmed, no information has emerged regarding the issuance of Red Notices against any other high-profile individuals. This statistic carries an underlying message: Interpol does not automatically approve every application submitted by Bangladesh.

Sources have pointed out that the public list on Interpol's website does not reflect the complete picture. Interpol does not publish all Red Notices externally; many remain restricted solely for law enforcement use. For instance, Benazir Ahmed’s name does not yet appear on the public Red Notice directory on Interpol's website.

Conversely, there are successful precedents of repatriation via Interpol Red Notices. For example, Interpol had issued Red Notices against Arif Sarkar, Mohsin Mia, and Alad Hossain—suspects in the murder of Harunur Rashid Khan, the Chairman of Shibpur Upazila Parishad in Narsingdi. Among them, Mohsin Mia was successfully brought back in July last year with Interpol's assistance. This success story demonstrates that when the host country cooperates and the documentation is robust, extradition is entirely achievable.

Analysts emphasise that Benazir Ahmed is not an ordinary fugitive; he is a former police chief of Bangladesh, having previously served as the Director General of the Rapid Action Battalion (RAB) and the Commissioner of the Dhaka Metropolitan Police (DMP). He fled the country after allegations of corruption, illicit wealth accumulation, and abuse of power surfaced against him. Against this backdrop, securing his repatriation would represent a monumental symbolic victory for law enforcement agencies, the ACC, and the government.

Nevertheless, the timeline confronting Bangladesh to secure Benazir's return is stark. A formal extradition request must be dispatched within 30 days of his arrest. Any deficiency in the documentation submitted within this window could severely compromise Bangladesh’s standing before the UAE court.

Experts stress that the government cannot afford to rest on the laurels of the Red Notice and news of the arrest. The extradition request must demonstrate a watertight case. It must flawlessly articulate the exact offences he is charged with, the specific statutory provisions under Bangladeshi law, the corresponding offences under UAE law, the current status of the judicial proceedings, and the standing orders of the court.

Concurrently, the government must remain intensely engaged at the diplomatic tier. Extradition is fundamentally a dual track process—both legal and diplomatic. Even if the judiciary deems the documentation acceptable, executive clearance, transit scheduling, and secure repatriation arrangements must still be coordinated.

The Red Notice against Benazir Ahmed was initiated during the tenure of the former Inspector General of Police, Baharul Alam.

Reflecting on the repatriation process following the arrest by Dubai Police, Baharul Alam told Prothom Alo that Interpol's mandate concluded with the issuance of the Red Notice and the notification of the host authorities. The matter now transitions into a bilateral process between the governments of Bangladesh and the United Arab Emirates.

While Dubai Police apprehended him based on the Red Notice, his repatriation strictly requires a formal extradition request channeled through diplomatic avenues, he stressed.

Highlighting the absence of an active bilateral extradition treaty between Bangladesh and the UAE, the former IGP noted, “Consequently, a formal request must be submitted, detailing the entire context, case dossiers, judicial orders, and the precise reasons why Benazir Ahmed is 'wanted' in Bangladesh.”

He reiterated that while individuals can be detained under a Red Notice, bringing them back often proves elusive. Some exploit passports from other nations, while others disavow their Bangladeshi citizenship. Such complications have derailed the repatriation of fugitives in the past.

Therefore, Baharul Alam maintains that securing the return of Benazir Ahmed hinges on flawless documentation, absolute verification of identity, and continuous, high-level diplomatic engagement.