The government on Thursday approved a draft of the Enforced Disappearance Prevention, Remedies and Protection Ordinance 2025 in principle, which proposed the death penalty and other severe punishments for committing the crimes.
The approval came at the 40th meeting of the Advisory Council, held at the Chief Adviser鈥檚 Office in the capital鈥檚 Tejgaon area, with chief adviser Professor Muhammad Yunus in the chair.
Later, the chief adviser鈥檚 press secretary, Shafiqul Alam, briefed the journalists about the meeting鈥檚 decisions at the Foreign Service Academy in the capital.
The draft ordinance defines enforced disappearance as a crime and incorporates strict penalties, including capital punishment, he said, and added that it also criminalises the establishment or use of secret detention facilities.
The National Human Rights Commission will be empowered to receive and investigate complaints of enforced disappearances, he said.
The draft law also proposed establishing special tribunals to try such cases, with mandatory completion of trials within 120 days of charge framing.
It included provisions for the protection of victims, whistleblowers, and witnesses, as well as compensation and legal aid for victims.
The proposed law also stated that filing a false case of enforced disappearance, if proven in court, will lead to up to two years鈥� imprisonment and a financial penalty.
Shafiqul Alam said that the approval was only at the policy level.
The draft will be discussed further and then placed again before the Advisory Council for final approval, he said.
According to the draft, if any offense related to enforced disappearance is committed, a complaint may be lodged directly online or by post with an officer designated by the commission.
Complaints may also be filed in person with the officer-in-charge of a police station or a first-class聽 magistrate on duty by the victim, or an eyewitness, or any person with specific information regarding the incident.
Based on such complaints or information, the commission will appoint an investigating officer under section 8 to conduct the inquiry and file a case before the competent tribunal.
The investigating officer must complete the investigation within 90 days and submit a report to the commission along with collected evidence.
However, upon the officer鈥檚 request, the commission may extend the deadline by up to 30 days on reasonable grounds.
Failure to complete the investigation within the extended time will result in departmental action against the investigating officer.
Once the investigation is completed, the report along with all evidence and materials will be submitted to the commission. If satisfied after verification, the commission will approve the report and file it with the tribunal, which will then commence trial proceedings.
The draft also stated that crimes under this ordinance may only be investigated by the commission or under its supervision.
In cases where the accused is a government official, their arrest will require prior approval from the tribunal or the commission. No separate permission from the government or the employing authority will be necessary.
As per the United Nations definition, an enforced disappearance is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the state or by persons or groups of persons acting with the authorization, support or acquiescence of the state, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person.
The Advisory Council also approved a proposal to declare October 17, the 鈥楾irodhan Dibas鈥� (death anniversary) of Lalon Shah, as a Category鈥� 鈥楰鈥� day in the national calendar.