After signing the international charter, the interim government has initiated steps to amend the ordinance on enforced disappearances.
Meanwhile, the Ministry of Law, Justice and Parliamentary Affairs has prepared a draft ordinance.
The draft of the ‘Disappearance Prevention and Remedies Ordinance- 2025’ includes provisions stipulating that individuals found guilty of enforced disappearance, without causing the victim’s death, will face life imprisonment with rigorous punishment and a fine of up to Tk 50 lakh.
The draft also proposes the death penalty if the victim dies as a result of the enforced disappearance, along with financial penalties of up to Tk 1 crore for the perpetrators.
The proposed ordinance includes provisions for compensating victims of enforced disappearances and their families. It categorizes the offense as ‘non-bailable’ and ‘non-negotiable’.
Additionally, the draft outlines the establishment of a dedicated court— the Disappearance Prevention Tribunal—to handle such cases, along with the formation of a separate investigative agency to probe these crimes.
The proposed ordinance also calls for the establishment of an independent body— the National Disappearance Prevention Commission— tasked with preventing enforced disappearances and ensuring accountability.
A source at the Ministry of Law, Justice and Parliamentary Affairs said the draft ordinance has been circulated among relevant stakeholders for their feedback. Additionally, a stakeholder consultation meeting on the draft was held on Tuesday at the Judicial Administration Training Institute in the capital.
During the meeting, participants highlighted several shortcomings in the draft and were given seven days to submit detailed feedback.
Meanwhile, Lawyers welcomed the initiative to amend the law on enforced disappearances. “If this law is enacted, it will elevate Bangladesh’s image as a civilized nation on the global stage,” they remarked.
They also emphasized the importance of proper enforcement, stating, “It won’t be enough to simply pass the law— effective implementation will be key to making a real impact.”
Bangladesh has faced sustained international criticism for over a decade and a half due to allegations of state-backed enforced disappearances.
The issue gained repeated attention following the reported release of several individuals from secret detention centers, known as ‘Aynaghor,’ after long periods of confinement— an event that unfolded after the fall of the Sheikh Hasina government on August 5.
In this context, Bangladesh signed the ‘International Convention for the Protection of All Persons from Enforced Disappearance’ unconditionally on August 29 last year. This move enables the United Nations to hold the government and its institutions accountable for such violations.
Earlier, on August 27, the interim government formed a Commission of Inquiry on Enforced Disappearances, led by retired High Court Justice Moyeenul Islam Chowdhury. The commission is tasked with investigating disappearance cases that occurred between January 6, 2009, and August 5, 2024. Its deadline to submit a final report has been extended to June 30.
According to the commission’s interim report, it has received 1,676 complaints against various government agencies, including RAB, DGFI, DB, CTTC, CID, and the police. Out of these, 758 complaints have been reviewed and categorized. The report indicates that 73 percent of the victims have since returned to their families, while 27 percent—at least 204 individuals—remain missing.
Barrister Ruhul Quddus Kazal, former General Secretary of the Supreme Court Bar Association (SCBA), told Bangladesh Pratidin in response to a query, “It is Bangladesh’s responsibility to amend such an ordinance, especially after signing the international convention against enforced disappearances.”
“When a country ratifies an international convention, it becomes obligatory to recognize such crimes as punishable under domestic law,” he explained.
Referring to past incidents, he said, “During the previous fascist regime, many cases of enforced disappearances and killings occurred. A significant number of those victims have yet to return, and most of these incidents have not been brought to justice. This law is essential to prosecute such crimes.”
He emphasized that merely passing a law is not enough—it must also be effectively implemented. “If enacted and enforced, this law will mark a significant step toward justice and help position Bangladesh as a civilized nation on the global stage,” he added.
Translated by Afsar Munna
