Government to compensate enforced disappearance victims; exclude NHRC from probe

The government is set to enact a comprehensive law soon to recognize enforced disappearance as a distinct criminal offence and to ensure protection, justice, and compensation for victims and their families. The draft Prevention and Remedies for Enforced Disappearance Act, 2026 proposes life imprisonment and fines as the maximum punishment for enforced disappearance. It also provides for the death penalty in cases where the victim dies as a result of the disappearance, the body is recovered, or the missing person remains untraced even after five years.

If compensation cannot be recovered from the convicted person's property, the state will be responsible for paying it. At the same time, it has been decided that the National Human Rights Commission will no longer have jurisdiction to investigate enforced disappearance cases under the final law.

The legislation is now on its way to becoming a full-fledged law after vetting by the Legislative and Parliamentary Affairs Division.

Sources at the Legislative Division of the Ministry of Law said that the draft law was recently given both policy and final approval at a Cabinet meeting. Following vetting by the Legislative and Parliamentary Affairs Division and completion of the remaining legal formalities, it will be enacted as a comprehensive law.

According to the sources, the new law defines enforced disappearance as a cognizable, non-bailable, and non-compoundable offence. The primary objectives of the law are to prevent enforced disappearances, ensure accountability and prosecution of those responsible, locate missing persons, protect the rights of victims and their families, and uphold human rights, human dignity, personal liberty, and the rule of law.

The draft provides for the issuance of search warrants through the courts to facilitate the rescue of disappeared persons. Trials may proceed even in the absence of the accused. In addition to allowing digital evidence, the law also provides for protecting the identities of witnesses, complainants, whistleblowers, and victims, while ensuring their safety.

The draft law grants the families of victims the right to receive information on the progress of investigations, the actual circumstances of the incident, and the whereabouts or fate of the disappeared person. It also provides for state-funded legal assistance, medical treatment, and rehabilitation.

A dedicated compensation fund will be established to provide financial support to victims and their families.

In terms of compensation, the law stipulates that payment will first be recovered from the property of the convicted person. If that is not possible, the state will bear the responsibility for providing compensation. The draft also allows the wife and dependent family members of a disappeared person to use the victim's property for their maintenance and livelihood.

If a disappeared person is neither found alive nor confirmed dead within five years of the disappearance, the law provides for the issuance of a certificate of disappearance to facilitate the distribution of the person's property among legal heirs. It also calls for the establishment of a central database to preserve records of enforced disappearance cases and provides for international cooperation in related matters.

To ensure swift investigation and trial, the draft sets specific time limits. Investigations must be completed within 120 days, and the trial must be concluded within a further 120 days.

The maximum punishment for the offence of enforced disappearance is life imprisonment and a fine. However, if the victim dies as a result of the disappearance, the body is recovered, or the victim remains untraced—whether alive or dead—even after five years, the punishment may be death or life imprisonment, along with a fine of up to Tk 10 million.

Law Minister Md. Asaduzzaman told Views Bangladesh that the government is working on a modern and comprehensive law to eliminate the inconsistencies and legal gaps in the existing framework governing punishment for serious crimes such as enforced disappearance.

“The government is set to enact a comprehensive law soon to recognize enforced disappearance as a distinct criminal offence and to ensure protection, justice, and compensation for victims,” he said.

Speaking at a stakeholders' meeting on the proposed legislation, the minister also said that it had been decided to remove the National Human Rights Commission from the jurisdiction of investigating enforced disappearance cases under the new law.

Attorney General Md. Ruhul Quddus Kajal stressed the importance of ensuring that the proposed Prevention of Enforced Disappearance Act does not remain merely a law on paper.

He told Views Bangladesh: “The government has signed the International Convention for the Protection of All Persons from Enforced Disappearance. That international commitment should be reflected at the very beginning of the law.”

He also emphasized the need to maintain institutional balance rather than vesting absolute authority in any single institution.

Constitutional expert Dr. Shahdeen Malik told Views Bangladesh: “For many years, I have been calling for accountability and justice for enforced disappearances. It is unacceptable for citizens of an independent country to be subjected to enforced disappearance, and every such case should be tried within the country.”

However, he remarked that the decision to exclude the National Human Rights Commission from the jurisdiction to investigate enforced disappearance cases in the final law was not justified.

Supreme Court Senior Advocate Md. Omar Faruk told Views Bangladesh that the proposed Prevention and Remedies for Enforced Disappearance Act, 2026 should be enacted into law without delay.

“There is no alternative to this law for establishing the rule of law and protecting human rights. Such legislation should have been enacted much earlier,” he said.

He further added:“How effective the new law ultimately proves to be will depend not only on the severity of the prescribed punishments, but also on ensuring independent investigations into allegations of enforced disappearance, locating missing persons, conducting speedy trials, providing compensation to victims' families, and ensuring accountability of the relevant state institutions.”

He also expressed concern over the decision to remove the National Human Rights Commission from the jurisdiction to investigate enforced disappearance cases.

“Excluding the National Human Rights Commission from the investigation process would not be appropriate. Such a decision could raise questions about the transparency and credibility of investigations,” he said.

The proposed Prevention and Remedies for Enforced Disappearance Act, 2026, once vetted by the Legislative and Parliamentary Affairs Division and completing the remaining legal procedures, is expected to become Bangladesh's first comprehensive legislation specifically addressing enforced disappearance.

The law aims to establish a legal framework for prevention, accountability, protection of victims' rights, compensation, and timely justice, while bringing domestic legislation more closely in line with the country's international commitments.