Bangladesh Police to Investigate Enforced Disappearances Under New Law
The Bangladeshi government is advancing a new law that designates the police as the primary body responsible for investigating enforced disappearances, a significant shift from an interim government ordinance that assigned this role to the National Human Rights Commission. The Ministry of Home Affairs has drafted the "Enforced Disappearance Prevention and Response Act," which retains the death penalty for the crime of enforced disappearance, a provision previously upheld by the BNP government. The draft law, currently open for public consultation on the Ministry's website, aims to replace the "Enforced Disappearance Prevention, Response, and Protection Ordinance, 2025." The term "Protection" is being removed from the title, and the investigation mandate is being transferred from the Human Rights Commission to the police, citing procedural reasons aligned with the Code of Criminal Procedure (CrPC). Human Rights Watch has expressed concerns that assigning investigations to the police may undermine accountability and fail to establish necessary preventive measures against disappearances. The proposed legislation also modifies penalties for related offenses, such as destroying evidence of disappearances, reducing the minimum prison sentence from seven to five years, while the fine remains at 2 million Taka. Penalties for constructing secret detention centers are also being reduced. The law defines enforced disappearance to include denial of arrest or detention by state officials or security forces, or concealing the whereabouts of an individual. If a victim dies or their body is found, or if they remain missing after five years, the perpetrator faces the death penalty or life imprisonment, along with a fine of up to 10 million Taka. Subordinates involved in disappearances will be punished equally with superiors who fail to prevent or condone such acts. The law also establishes a mechanism for victims or witnesses to file complaints directly with the police or a magistrate court if the police refuse to register a case. Investigations are to be completed within 90 days, with a possible 30-day extension. A government database will be created to store information on victims. The law includes provisions for issuing "disappearance certificates" to facilitate financial and property management for dependents of the missing, and for the eventual distribution of assets to legal heirs if the person remains missing for five years. A special fund will be established for victim treatment, rehabilitation, legal aid, and compensation, with fines collected from convicted individuals contributing to this fund. False accusations of disappearance could lead to compensation for the accused and imprisonment for the accuser.
The proposed legislation in Bangladesh represents a significant recalibration of state response to enforced disappearances, shifting investigative authority from an independent commission to the police. This move, framed by the Ministry of Home Affairs as a procedural necessity, raises systemic questions about institutional capacity and potential conflicts of interest. While the law retains severe penalties, including the death penalty, the transfer of investigative powers could dilute oversight and accountability mechanisms, as suggested by international human rights organizations. The inclusion of provisions for victim support and asset management for dependents addresses critical socio-economic impacts. However, the long-term effectiveness hinges on the police's impartiality and the robustness of judicial oversight in an environment where state security forces are themselves implicated. Future iterations of such legislation globally will need to balance procedural efficiency with the imperative of independent, credible investigations to genuinely deter state-sanctioned violence and uphold human rights.
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