Following the arrest of former Inspector General of Bangladesh Police (IGP) Benazir Ahmed in Dubai, questions have emerged regarding his extradition process, as Bangladesh lacks an active extradition treaty with the United Arab Emirates (UAE). Reports suggest that he will be produced before a UAE court, where his legal team is expected to file a bail application.
Saifur Rahman, former Associate Editor of *Gulf News* and Executive Editor of *The Arabian Post*, told the BBC that normal court and government operations in the UAE resumed on Tuesday after the official holidays. He clarified that contrary to initial reports of his arrest at Dubai Airport, Benazir Ahmed was actually apprehended inside the Dubai Mall. Rahman noted that Benazir had been residing in Dubai as a legal resident under the country’s 10-year Golden Visa program, which is granted to foreign investors.
The Extradition Process: Four Legal Factors
According to Olora Afrin, a Supreme Court lawyer from Bangladesh currently practicing law in the UAE, the absence of an extradition treaty does not completely bar his repatriation. Instead, the process will rely heavily on the UAE legal system, courts, diplomatic negotiations, and proper documentation.
Afrin explained that an Interpol Red Notice is merely an international alert, not an arrest warrant. To approve extradition, UAE courts typically look at four distinct legal components:
1. **Dual Criminality:** Whether the offenses committed in Bangladesh are also recognized as criminal acts under UAE law.
2. **Nature of Allegations:** The court will examine whether the charges brought against the former police chief are genuinely criminal or politically motivated.
3. **Submission of Verifiable Records:** Bangladesh must submit comprehensive documentation, including copies of the arrest warrant, case profiles, evidentiary files, and directives issued by Bangladeshi courts.
4. **Procedural Accuracy:** The court will verify if all documents comply fully with the strict regulatory standards of the UAE judicial framework.
Government Actions and Legal Battles
Benazir Ahmed is currently facing six cases filed by the Anti-Corruption Commission (ACC) in Bangladesh, including one where a charge sheet has been submitted and another currently under trial. He is also being investigated in five other cases, including passport fraud, alongside inquiries by the International Crimes Tribunal for crimes against humanity.
ACC Public Relations Officer Aktarul Islam confirmed to the BBC that Benazir was arrested in Dubai in connection with a case involving the accumulation of non-disclosed, disproportionate wealth. In coordination with the National Central Bureau (NCB) of Police Headquarters, the ACC has prepared the necessary repatriation files. These documents have been forwarded to the Ministry of Home Affairs and will be delivered to the UAE government via the Ministry of Foreign Affairs.
> “This will rely heavily on diplomatic channels. If the proper legal procedure is pursued alongside robust diplomacy, the entire process could take approximately 30 days.”
> — **Olora Afrin**, Legal Expert in the UAE
What Could Complicate the Extradition?
Extraditing Benazir could become complicated depending on his exact residency and citizenship status. Journalist Saifur Rahman noted that if Benazir’s lawyers can argue that he is a legal investor with no criminal record inside the UAE, they might secure relief from immediate deportation.
Furthermore, Afrin highlighted a previous high-profile case involving Rabiul Islam (alias Arav Khan), an accused in the murder case of a police inspector in Dhaka. Although Interpol issued a Red Notice for him in 2023, Bangladesh failed to extradite him from Dubai because he held Indian citizenship and traveled on an Indian passport. Analysts point out that if Benazir Ahmed holds dual citizenship or a passport from a third nation, the UAE court will be legally bound to review its bilateral agreements with that respective country, which could significantly delay or block his return to Bangladesh.
