Bangladesh Drafts Law to Retain Death Penalty for Enforced Disappearances Amid Criticism Over Police Oversight
Photo Collected
The Bangladesh government has unveiled a draft law, the “Enforced Disappearance Prevention and Remedy Act,” which maintains the death penalty for the crime of enforced disappearance while introducing significant revisions to the investigative framework established by the previous interim administration. Under the proposed legislation, the authority to investigate these cases is shifted from the National Human Rights Commission back to the police, citing standard procedures governed by the Code of Criminal Procedure (CrPC).
The draft, currently available on the Ministry of Home Affairs website for public feedback, stipulates that if local police decline to file a complaint, victims or their representatives may lodge a petition case directly with a magistrate’s court. This shift represents a departure from the interim government’s 2025 ordinance, which had previously tasked the National Human Rights Commission with oversight. Officials stated that an inter-ministerial meeting is scheduled to finalize the text, which is expected to be placed before the cabinet shortly and subsequently passed in the next parliamentary session.
বিজ্ঞাপন
The proposed legislation also lowers certain minimum sentences established in previous ordinances. While the original ordinance set a minimum of seven years for tampering with evidence or maintaining secret detention facilities, the new draft proposes a five-year minimum, though the financial penalty remains at 2 million taka. The law explicitly defines enforced disappearance as the detention or abduction of an individual by any government official or member of the security forces—including the military, police, or intelligence agencies—where such state actors deny the detention or conceal the victim’s whereabouts.
Under the provisions, if a victim dies, their body is recovered, or they remain missing for five years, perpetrators face a sentence of death or life imprisonment, along with fines reaching 10 million taka. The law holds superior officers accountable as well; if a commander fails to prevent or ignores evidence of disappearances committed by subordinates, they will be subject to the same penalties as the primary offenders. The draft presumes that subordinates operate under the control and supervision of their superiors, extending this liability to civilian officials who oversee security operations.
বিজ্ঞাপন
The move has drawn scrutiny from international observers. Human Rights Watch (HRW) has expressed concern that returning investigatory powers to the police will undermine accountability. Meenakshi Ganguly, Deputy Asia Director at HRW, warned that relying on the police to investigate themselves offers little protection against the systemic practices that foster enforced disappearances.
To address the economic hardship faced by families of the disappeared, the bill introduces “disappearance certificates.” These certificates will allow legal heirs to manage, transfer, or distribute the assets of the missing person after five years, ensuring that families can navigate financial and legal challenges. Additionally, the government plans to establish a special fund to provide medical rehabilitation and legal aid to victims, with compensation partially funded by fines recovered from convicted perpetrators. To prevent misuse of the law, the draft also includes a provision for penalties of up to five years of rigorous imprisonment for individuals who file false or harassing complaints.
0%
0%
0%
0%
