Dhaka: The draft of the proposed 'Enforced Disappearance Prevention and Redress Act, 2026,' is now available on the website of the Ministry of Home Affairs for public opinion. After gathering public feedback, the draft will receive final approval from the Jatiya Sangsad (JS).
According to Bangladesh Sangbad Sangstha, this landmark legislation aims to uphold the state's commitment to human rights, individual liberty, and the rule of law, by proposing enforced disappearance as a criminal offense with stringent penalties. The draft outlines enforced disappearance as the arrest, detention, or abduction of any individual by government officials or members of the disciplined forces, including the army, navy, air force, police, RAB, BGB, and intelligence agencies, followed by denial or concealment of the victim's fate.
The law categorizes enforced disappearance as a 'continuous offense,' remaining active until the victim's location, condition, or fate is officially verified. No circumstances, including state security, political instability, or emergencies, can justify such acts.
Conviction under this law could lead to life imprisonment and fines up to Taka 50 lakh. In cases where a disappeared person is found deceased, or if the body remains missing for over five years, the responsible parties could face the death penalty or life imprisonment, alongside fines reaching Taka one crore.
The draft law suggests a minimum of five years imprisonment for holding someone in a secret detention center or for tampering with evidence related to a disappearance. Command responsibility is a significant feature, holding superiors or commanders criminally liable if they were aware of the disappearance, ignored information, or failed to prevent it or report it.
Victims or witnesses are permitted to file complaints with the police, and if refused, they can approach the court directly. Investigations should be concluded within 90 days, with trials expected to be completed in the court of Sessions Judges within 90 working days.
The law enables a spouse or children to request the court to transfer or use the missing person's property to cover essential living expenses and debts. A "Disappearance Certificate" can be issued after five years to resolve inheritance issues.
A national database of disappeared persons will be maintained, and a Compensation and Rehabilitation Fund will be established for victims and their families. Cases involving widespread or systematic disappearances will be prosecuted under the International Crimes (Tribunals) Act, 1973. Any misuse of the law could result in up to five years of imprisonment, as proposed in the draft.