'Repeal of ordinance won’t hinder trial of forced disappearances'

Experts assert that the repeal of the Disappearance Ordinance, enacted by the former interim government, constitutes a significant legal reform. They argue that serious offenses such as disappearance were already subject to penalties under existing legislation, rendering a separate ordinance unnecessary.

The prior interim government introduced this ordinance primarily to showcase its accomplishments. Consequently, its repeal has alleviated legal complexities and will lead to a more organized judicial system.

Furthermore, the significance of this repeal has been heightened by the amended law, which was approved by the National Parliament, recognizing disappearance as a crime against humanity. This development will facilitate the provision of prompt and effective justice in future disappearance cases.

Additionally, stakeholders anticipate that the duality of the law will be eradicated, resulting in enhanced transparency and accountability. The Disappearance Ordinance was established in 2025 during the interim government, which initiated efforts to develop a distinct framework for investigating and prosecuting claims of disappearance.

However, the current government later reassessed the situation and annulled the ordinance by passing the 'International Crimes Tribunals (Amendment) Bill 2026' through a voice vote in the National Parliament on April 7 of this year. The revised law explicitly categorizes enforced disappearance as a 'crime against humanity' and lays the groundwork for its prosecution under the Tribunal Act.

In this regard, Barrister Badruddoza Badal, a senior lawyer at the Supreme Court, told Views Bangladesh, ‘The crime that was included under the enforced disappearance ordinance was already triable under the International Crimes Tribunal Act. As a result, there was no need to form a separate law and tribunal for the same type of crime. Since enforced disappearance can be tried under the existing law, the rationale for bringing a new ordinance was questioned.'

Advocate Manzil Murshid, President of the human rights organization Human Rights and Peace for Bangladesh, told Views Bangladesh, ‘Having multiple laws for the same crime creates confusion in the judicial system. It is a more effective and practical step to bring serious crimes like disappearances under the existing law and try them.'

Noting that this merger will speed up the trial process and reduce unnecessary complications, he said, 'Recognizing disappearances as crimes against humanity is an important step. Through this, not only the trial but also the seriousness of the crime has been clearly established. An opportunity has been created to conduct trials according to international standards, which will set a positive example for the future.'

Aminul Islam, Chief Prosecutor of the International Criminal Tribunal, said, 'There was no need for a separate ordinance to try disappearances, because the Tribunal Act already provided for the trial of such crimes. The new amendments have made the legal framework more well-organized and will increase transparency in the trial process. At the same time, it will also help increase public confidence in the judiciary.'

The Chief Prosecutor further said, 'The crimes that were included under the disappearances ordinance were already triable under the International Criminal Tribunal Act. As a result, there was no need to form a separate law and tribunal for the same type of crime.'

He further said, ‘I express my gratitude to the Law Minister and the concerned members of parliament for repealing the Disappearance Ordinance and merging the issue of disappearance with the Tribunal Act. This has not only simplified the legal framework, but also made the judicial process more effective and integrated.’

In this regard, Law Minister Md. Asaduzzaman said, ‘The government’s goal is to make the judicial system simple, effective and in line with international standards. Serious crimes like disappearance were already triable under the International Crimes Tribunal Act, so there was no justification for having a separate ordinance. The disappearance ordinance was repealed by passing the ‘International Crimes Tribunals (Amendment) Bill 2026’ by voice vote in the National Assembly and disappearance was directly defined as a ‘crime against humanity’ through the amended law. From now on, the trial of disappearance will be under the Tribunal Act. I believe that the judicial process will be stronger as this amendment includes enforced disappearance as a crime against humanity.'

'At the same time, it will ensure transparency and accountability by eliminating the ambiguity of the law,' he added.

Meanwhile, discussions have already started in various quarters regarding the amendment bill passed in the National Parliament. The Minister of Law, Justice and Parliamentary Affairs introduced the bill in the Parliament and it was passed by voice vote. Those concerned believe that recognizing enforced disappearance as a crime against humanity through the amendment will make it possible to prosecute such crimes more strictly in the future.

According to legal experts, this change will eliminate ambiguity in the judicial system and transparency and accountability will increase as all types of crimes against humanity will be prosecuted under a specific law.