Former International Crimes Tribunal Chief Prosecutor Tajul Islam Demands Revision of Proposed Enforced Disappearance Law
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Former Chief Prosecutor of the International Crimes Tribunal Mohammad Tajul Islam warned on Wednesday that justice cannot be ensured if security forces are tasked with investigating allegations of enforced disappearance against their own personnel.
Speaking at a dialogue titled “National Human Rights Commission Act and Enforced Disappearance Act (Draft): Promises versus Reality” held at the BDBL Bhaban in Karwan Bazar, Dhaka, Tajul Islam questioned the integrity of the proposed legal framework. The event was jointly organized by Nagorik Coalition and Voice for Reform.
Tajul Islam argued that granting investigative authority to the accused forces violates fundamental legal principles, specifically the doctrine that no one should be a judge in their own cause. He asserted that if the perpetrator is also the investigator, the pursuit of justice is inherently compromised.
The former chief prosecutor criticized the current draft legislation for potentially endangering both victims and security officials. He noted that while previous versions of the enforced disappearance law were developed through extensive consultations with victim families, human rights activists, and a commission over 17 to 18 sessions, the current iteration has been modified to delegate investigative powers back to the accused agencies.
Furthermore, Tajul Islam expressed concern over provisions in the proposed law that could penalize families with imprisonment if their complaints are found to be false. He argued that this creates a chilling effect, discouraging families who are already suffering from trauma from seeking justice.
Reflecting on the period between 2009 and 2024, Tajul Islam urged the nation to remain vigilant regarding the history of enforced disappearances. He also expressed disappointment with the lack of cooperation from political parties regarding the judicial processes for recent violence and historical disappearance cases, though he acknowledged that witnesses have begun providing detailed testimony regarding secret detention centers, often referred to as Aynaghar.
Addressing the government and members of parliament, Tajul Islam called for a halt to the passage of the current draft. He urged lawmakers to reconsider the legislation, emphasizing that the sacrifices made by the youth during the July-August uprising should not be undermined by laws that could perpetuate a culture of fear and state-sponsored disappearances.
The dialogue featured a keynote presentation by Nabila Idris, a former member of the Commission of Inquiry on Enforced Disappearances. Moderated by Voice for Reform co-coordinator Fahim Mashroor, the event included contributions from prominent activists, human rights defenders, and legal experts, including Noor Khan Liton, Shahidul Alam, and Member of Parliament Mir Ahmad Bin Quasem, alongside representatives from various political and civil society organizations.
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