Ordinance issued to protect families of enforced disappearance victims

The government has issued a new amended ordinance to ensure legal protection for the families of enforced disappearance victims and to resolve complications related to inheritance.

A notification in this regard was issued on Tuesday, January 5, by the Printing and Publications Wing of the Legislative and Parliamentary Affairs Division under the Ministry of Law, Justice and Parliamentary Affairs, and the ordinance has been published in the gazette.

On Wednesday, January 7, the public relations officer of the ministry confirmed the development.

Under the amended provisions, if a person remains forcibly disappeared for at least five years and does not return alive, the tribunal will be able to declare the distribution of the person’s property among lawful heirs. In addition, the wife or dependent family members of a disappeared person will no longer require prior permission from the commission to initiate legal proceedings.

The new ordinance has been titled the Prevention and Remedy of Enforced Disappearance Ordinance, 2025 amended ordinance, 2026, and has been ordered to take effect immediately.

According to the amendment to Section 23, notwithstanding the seven-year missing provision under Section 108 of the Evidence Act, 1872, heirs of a person forcibly disappeared for five years may apply to the tribunal seeking rights to the property under this law. Upon verification of the application, the tribunal may issue an order for property distribution. Until regulations are framed, the tribunal itself will determine the application procedure.

The amended ordinance also states that the government will appoint the required number of public prosecutors on the recommendation of the commission to conduct cases on behalf of complainants before the tribunal. In the absence of the commission or in urgent situations, the government may directly appoint public prosecutors or assign district or metropolitan public prosecutors or additional public prosecutors to the tribunal as additional duties. At the same time, the right of victims to appoint private lawyers has been retained.

The new amendment further simplifies legal protection for the wives and dependants of disappeared persons. The requirement of obtaining commission approval to file cases or initiate proceedings has been removed. However, the tribunal may seek an investigation report from the commission if necessary.

The ordinance clarifies that individuals identified as victims of enforced disappearance in the investigation report of the commission formed on September 15, 2024, or in cases filed under this ordinance and the International Crimes Tribunals Act, 1973, and who have not returned alive until a tribunal order, will be considered “disappeared persons” under the law.