Ordinance issued prescribing death penalty for enforced disappearance

President has issued the ‘Enforced Disappearance Prevention and Remedies Ordinance, 2025’ to prevent serious crimes such as enforced disappearance and ensure justice for related allegations. The ordinance prescribes the death penalty if an enforced disappearance results in death, and severe punishments including life imprisonment in other cases.

On Monday night, December 1, the Legislative and Parliamentary Affairs Division of the law ministry formally published the gazette. Earlier, on 6 November, the Advisory Council gave final approval to the draft.

The ordinance states that Enforced Disappearance Prevention and Remedies Tribunals will be established at both district and divisional levels. Notably, offences under this law will be non-bailable, and there will be no provision for compromise or settlement.

The document clearly states that if any public servant or member of a law enforcement agency arrests, detains, abducts or deprives someone of liberty and then denies it or conceals the person’s whereabouts, condition or fate—thereby depriving them of legal protection—such an act will be deemed an enforced disappearance or a punishable criminal offence.

In such cases, the person responsible may face life imprisonment or up to 10 years’ imprisonment.

The law further states that if an enforced disappearance leads to someone’s death, or if the person remains missing for five years and cannot be found alive or dead, the offender may be sentenced to death or life imprisonment.

Destroying evidence, or building, using or setting up secret detention centres to conceal disappearances, may result in imprisonment of up to seven years.

The new law places strict liability not only on subordinate members but also on senior officers and commanders of law enforcement agencies. It states that if a senior officer, commander or team leader orders, permits, consents to, approves or instigates subordinates to commit such offences—or participates in them—they will face the same punishment as the principal offender.

Additionally, if such offences occur due to negligence, incompetence or lack of supervision by a superior officer, that officer will also bear responsibility. Failure to control subordinates or maintain discipline may result in the same punishment as the main offence.

A significant provision of the ordinance allows the location of a detainee to be withheld on grounds of “state security” until they are presented before a magistrate. It also states that if an accused person absconds, the trial may proceed in their absence.