The government wants to end the mal-culture of enforced disappearance permanently and take effective measures to prevent enforced disappearances, extrajudicial killings, custodial deaths and politically motivated persecution in Bangladesh, Home Minister Salahuddin Ahmed said today (28 October).
He said the government would take necessary initiatives to address the demands of families of victims, including justice, rehabilitation, compensation and state recognition for those subjected to enforced disappearance.
“The government wants to ensure that such a period never returns to Bangladesh. The mal-culture and crime of enforced disappearance must end forever. There must never again be enforced disappearances, extrajudicial killings or politically motivated persecution in the country. Deaths in police and prison custody must also stop,” he said.
The minister made the remarks while briefing journalists at the Parliament Media Centre after the ninth meeting of the Special Committee on Constitutional Amendment of the 13th Jatiya Sangsad held at the Cabinet Room of the Jatiya Sangsad.
Salahuddin, who chairs the committee, said the meeting heard accounts from family members of people who suffered enforced disappearance, killings and torture during the 17 years of misrule of the Awami League government, as well as relatives of those who remain missing and representatives of people who returned after disappearing.
He said the Liberation War Affairs Ministry, Mayer Daak and several organisations helped ensure representative participation by 48 people at the meeting.
The families shared their experiences of suffering, prolonged uncertainty and their demands for justice and rehabilitation, he said, adding that committee members felt deeply moved by their accounts. Many participants became emotional and could not finish their statements, he added.
The minister said the families mainly demanded effective safeguards against future enforced disappearances, speedy and fair trials in the cases filed over such incidents, assistance and rehabilitation for the families of people who remain missing for years, and state recognition of victims of enforced disappearance.
He said the Prevention and Remedy of Enforced Disappearance Act provides for compensation to victims. Under the law, courts may order the confiscation and sale of assets belonging to those responsible to compensate affected families.
If the accused persons have no assets or their assets cannot provide adequate compensation, the state can provide compensation, he said.
The law also contains provisions for the care and management of the property of people who have remained missing for a long time. Such property can be managed with court permission, he added.
Referring to Article 32 of the Constitution, which safeguards the right to life, Salahuddin said any action contrary to this right amounts to a violation of the Constitution.
He said the Prevention and Remedy of Enforced Disappearance Act sets out detailed provisions on the issue, adding that the government would consider enacting further laws, if necessary, to prevent such crimes.
Replying to a question about investigations into allegations of enforced disappearance, the minister said allegations against a law enforcement agency would not be investigated by the relevant unit of that same agency. Instead, another law enforcement agency would conduct the investigation.
He said the law specifies investigation procedures and accountability mechanisms and distinguishes between departmental disciplinary violations and criminal offences.
Those accused of criminal offences would face trial under the existing laws, while departmental disciplinary violations would be dealt with through the relevant departmental procedures, he added.
Salahuddin said the July Mass Uprising had raised public expectations for a Bangladesh where human rights would remain protected and every citizen would receive justice.
He said the committee would recommend incorporating necessary safeguards into the Constitution and implementing other measures through relevant laws and regulations, depending on their nature.
Responding to a question about the opposition’s criticism and protests outside the constitutional amendment process, the minister said opposition members could have presented their demands and opinions at committee meetings, allowing the committee to consider their views.
He said the committee had received various proposals on constitutional amendments from constitutional experts, lawyers, representatives of the Supreme Court Bar Association, teachers, editors and people from different professions. The proposals would be compiled and discussed at subsequent committee meetings, although the committee had not yet reached any final decision.
On the caretaker government system, Salahuddin said the system should be reintroduced. However, the committee would examine different proposals concerning its formation process, scope of responsibilities, timeline for formation and the roles of the relevant search committee or Election Commission.
He said further proposals could also emerge during parliamentary debate after the constitutional amendment bill is placed before Parliament.
Committee members, including Law Minister Md Asaduzzaman, Zainul Abedin, Information and Broadcasting Minister Andaleeve Rahman, State Minister for Expatriates’ Welfare Md Nurul Haque and State Minister for Social Welfare Farzana Sharmin, attended the meeting.
During the meeting, parliament members Sanjida Islam, Humam Quader Chowdhury, Anisur Rahman and Mst Tahsina Rushdi, who have personal or family experiences of enforced disappearance, shared accounts of their experiences, torture and deprivation of legal protection and justice.
They stressed the need for effective measures to prevent the recurrence of such incidents.
The secretary of the Bangladesh Parliament Secretariat, the secretary of the Ministry of Law, Justice and Parliamentary Affairs and other senior officials concerned were also present.
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