Dhaka: The interim government instituted Commission on enforced disappearance has revealed that victims of enforced disappearances were often subjected to torture to extract confessions, which has significantly impacted the judicial system apart from affecting the civic and political life of the victims and their families.
According to Bangladesh Sangbad Sangstha, the commission's second interim report highlights how the culture of enforced disappearance and torture during the past regime has infiltrated personal lives, instilling fear even within the safety of homes. The report emphasizes that the widespread use of scripted and coercively extracted confessions has distorted the functioning of the criminal justice system. In many cases, these confessions serve as bureaucratic shortcuts for conviction rather than tools for truth-finding.
The report points out the lack of institutional independence in investigative procedures, rendering confessions as a 'ready-made resolution' that bypasses the need for evidence collection, witness examination, or accountability for misconduct. This has led to an imbalance where confessions become decisive despite evident procedural violations, such as illegal detention, torture, and denial of counsel.
The commission observed that cases involving custodial confessions have become resistant to judicial relief, even when bail is granted in earlier instances. The justice system, in collaboration with the security apparatus, was reportedly exploited by the former Government of Sheikh Hasina to suppress Bangladesh's civil society. Political opponents, journalists, trade unionists, opposition lawyers, and writers fighting for justice faced intimidation, harassment, and in some instances, false charges, arbitrary arrests, enforced disappearances, and extra-judicial killings.
Fabricated cases were often filed during election cycles, adding pressure on dissenting voices. The report underscores the critical roles of investigating agencies, prosecutors, and judges in the criminal justice system. However, biased investigations by police can weaken the foundation of criminal cases, undermining justice.
The report stresses the importance of accountability and transparency for investigating agencies, prosecutors, and judges or magistrates through appropriate monitoring mechanisms. It recommends punitive measures against those neglectful of their duties to ensure justice is served efficiently and impartially.