ENFORCED disappearances are widely recognised as one of the most serious crimes and a grave violation of rights that can be committed against a human being. During the Sheikh Hasina regime, which was toppled on August 5, 2024, enforced disappearances became a serious concern and were widely seen as a method to suppress political dissent and silence opposition. The action was often carried out with the involvement of law enforcement agencies that were either complicit or misled into executing such offences. Law enforcer鈥檚 involvement played a key role in maintaining an oppressive political regime by stifling opposition and undermining fundamental rights. The alarming rise in such incidents raised serious questions about the widespread violation of rights, justice and accountability.
Since Sheikh Hasina assumed office in 2009, Bangladesh has observed a troubling rise in the number of cases of enforced disappearances and extrajudicial killing, especially between 2009 and 2022. In a significant move towards justice, the interim government has signed and ratified the International Convention for the Protection of All Persons from Enforced Disappearances, adopted by the United Nations in 2006. This convention is regarded as the first legally-binding universal human rights instrument to address incidents of enforced disappearances by acknowledging that no one will be subjected to enforced disappearances and that no exceptional circumstances may be invoked as justification for such acts.
This convention establishes enforced disappearances as a crime under international law and reaffirms the right of every individual to be protected from it, even in exceptional circumstances such as wartime, threats of war, internal political instability or any other public emergency. The ratification to this convention represents a significant milestone in addressing the growing concern about enforced disappearances, including those that took place during the Hasina regime.
By ratifying the disappearance convention 2006, Bangladesh has accepted legal obligations under the international law. The move has opened avenues for strengthening the domestic legal framework by criminalising such practices and addressing legal gaps ensuring that its domestic laws should reflect and support global human rights principles.
Bangladesh is now legally obliged under Article 3 of the convention to investigate acts of enforced disappearances and bring the responsible parties to justice. In line with this obligation, the government has already taken a step by forming an inquiry commission before this ratification to investigate, identify and locate individuals who were forcibly disappeared by various intelligence and law enforcement agencies between January 1, 2010, and August 5, 2024. This shows Bangladesh鈥檚 commitment to addressing enforced disappearances and alignment with the convention鈥檚 mandate to investigate such grave crimes.
Bangladesh lacks laws that criminalise enforced disappearances as an offence. Therefore, under Article 4 of the convention, Bangladesh is obliged to ensure that enforced disappearances are recognized as an offence under the law. In response to the provisions of the convention, several countries such as Argentina, Australia, Belgium, Canada and others, have enacted national laws to combat enforced disappearances. Bangladesh has, however, yet to enact specific legislation addressing this crime. While there are penal provisions for crimes such as abduction under Section 362 and kidnapping under Section 359 of the 1860 Penal Code, which may appear like enforced disappearances, enforced disappearances are a distinct and far more grievous crime. Unlike kidnapping or abduction, which are typically committed by individuals, enforced disappearances often involves the law enforcement agencies and carry a far greater gravity. In addition to this, there is no successful prosecution record against the perpetrators in such cases.
In this situation, Bangladesh can treat the disappearance convention as a guiding framework for prosecution and courts may directly refer to the convention and customary international laws to support accountability measures until a domestic law is enacted.
Alongside its criminal responsibilities, Bangladesh also bears a constitutional obligation to combat enforced disappearances. According to the constitution, victims of enforced disappearances are deprived of several fundamental rights, including the right to protection of law under Article 31, the right to life under Article 32, the right to be free from arbitrary detention under Article 33, the right to a fair trial and the right not to be subjected to torture or other cruel, inhuman, or degrading treatment or punishment under Article 35. Additionally, they are denied the right to free movement under Article 36. The constitutional provisions provide strong legal grounds for addressing enforced disappearances through judicial interpretations and policy reforms. However, despite such constitutional safeguards, Bangladesh has failed to effectively recognise enforced disappearances and ensure adequate remedies for the victims largely because of political vendetta.
The ratification alone is, however, not enough. To truly honour its international commitment, Bangladesh must enact comprehensive domestic legislation criminalising enforced disappearance, establish an independent monitoring mechanism and ensure accountability for perpetrators. Moreover, it must provide justice and reparations for victims and their families, rebuilding trust in the justice system and promoting the rule of law. The practice of using detention centres, reportedly known as 鈥榓ynaghar鈥�, run by intelligence agencies under the direct supervision of Hasina鈥檚 government, must be held accountable. Steps should also be taken to prevent such practices in future in accordance with the mandate of international conventions.
The Rapid Action Battalion, often accused of leading operations involving enforced disappearances, remains a serious concern. In this regard, the inquiry commission鈥檚 recommendation to reform the battalion should be carefully reviewed to restore public confidence in law enforcement institutions. By effecting the reforms, Bangladesh can align itself with international human rights standards and take meaningful strides towards ending the culture of impunity that surrounds enforced disappearances.
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Rahul Hasan Joy is a lecturer in law in the University of Information Technology and Sciences.
