Enforced disappearance to carry life term, victims to get compensation

Enforced disappearance to carry life term, victims to get compensation

The cabinet has given final approval to the draft of the 'Enforced Disappearance Prevention and Redress Act, 2026', subject to vetting by the Legislative and Parliamentary Affairs Division. The law provides for a maximum sentence of life imprisonment and fines for the offence of enforced disappearance. Provisions have also been made for compensation for victims.

The cabinet meeting was held at the Cabinet Division's conference room at the Secretariat on Monday (August 3) afternoon, with Prime Minister Tarique Rahman in the chair.

The information was provided in a press release issued by the Cabinet Division after the meeting.

The press release said that to establish human rights, human dignity, individual liberty and the rule of law, the 'Enforced Disappearance Prevention and Redress Act, 2026' identifies enforced disappearance as a distinct, cognisable, non-bailable and non-compoundable criminal offence. The act will establish an integrated legal framework to prevent enforced disappearances, try those responsible, locate disappeared persons, and ensure the rights, compensation and rehabilitation of victims and their families.

It stated that the law includes provisions for search warrants through court to rescue disappeared persons, trial in absentia of the accused, admissibility of digital evidence, and confidentiality and security of witnesses, complainants, whistleblowers and victims.

The press release said the right of victims to know the progress of the investigation, the true facts of the incident and the location or outcome of the disappeared person has been recognised. Provisions have been made for government legal aid, medical care, rehabilitation, and formation of a compensation fund, and for recovery of compensation from the convicted person's assets; if that is not possible, provision has been made for compensation from the state.

Additionally, the law includes provisions for permitting the spouse and dependent family members of the disappeared person to use their property for maintenance and necessary expenses, issuance of a disappearance certificate for distribution of property among heirs after five years, preservation of a central database, and provisions for international cooperation on enforced disappearances.

The Cabinet Division also said the law stipulates that investigation must be completed within a maximum of 120 days and trial proceedings must be completed within a maximum of 120 days.

The press release said the 'Enforced Disappearance Prevention and Redress Act, 2026' provides for a maximum sentence of life imprisonment and fines for the offence of enforced disappearance. In cases where death results from enforced disappearance, if the body is recovered, or if five years have passed and the person cannot be located alive or dead, provisions have been included for the death penalty or life imprisonment and a maximum fine of Tk 1 crore.