Highlights:
- Draft law proposes death penalty for disappearance-related deaths.
- Public opinions invited until 28 July via email.
- Definition of enforced disappearance expanded under draft legislation.
- Superior officers may face liability for subordinates’ crimes.
- Stakeholders welcome draft but seek stronger implementation safeguards.
The government has published the draft Prevention and Remedy of Enforced Disappearance Act, 2026, proposing the death penalty and life imprisonment for the gravest offences in a bid to strengthen accountability for enforced disappearances.
The Ministry of Home Affairs published the draft on its website today (27 July) and invited public opinions until 28 July. Feedback can be submitted via email to [email protected].
According to the draft, the proposed law aims to prevent enforced disappearances, ensure impartial investigations, provide remedies for victims and fulfil Bangladesh’s international commitments.
The ministry noted that Bangladesh has already ratified the International Convention for the Protection of All Persons from Enforced Disappearance and has established an independent commission to investigate past disappearance cases.
Tougher penalties proposed
One of the key features of the draft is the introduction of stringent punishments based on the gravity of the offence.
It proposes the death penalty or life imprisonment for the most serious cases, including where an enforced disappearance results in death. The draft also prescribes penalties for aiding, abetting, conspiring in or concealing the offence.
Expanded definition, command responsibility
The draft broadens the legal definition of enforced disappearance in line with international standards.
It also classifies enforced disappearance as a continuing offence, meaning the crime will continue until the victim’s fate or whereabouts are established.
Another notable provision introduces command responsibility, allowing superior officers to be held criminally liable if they knew, or should have known, about enforced disappearances committed by subordinates but failed to take preventive or disciplinary action.
The draft also proposes stronger coordination among state agencies, emergency response mechanisms for victims and broader investigative powers to improve the effectiveness of prosecution.
Victims’ families welcome initiative
Sanjida Islam Tuli, coordinator of Mayer Daak—an organisation representing families of victims of enforced disappearances—and a member of parliament, welcomed the draft.
“The government has held several rounds of consultations with stakeholders. Opening the draft for public opinion was necessary. I hope it will be finalised through further consultations and sent to parliament soon,” she told The Business Standard.
She said the proposed law could help prevent any state agency from becoming involved in enforced disappearances in the future, while stressing that effective enforcement would be essential.
Experts seek stronger safeguards
The Ministry of Home Affairs said it would review public feedback before revising the draft. Following cabinet approval, the proposed legislation will be placed before parliament. It will take effect after parliamentary passage and presidential assent.
Legal experts have described the draft as a positive step but stressed the need for stronger safeguards to protect civil liberties, prevent misuse of the law and incorporate recommendations from rights groups and legal experts.
Human rights activist Nur Khan Liton said recommendations made by the independent commission on enforced disappearances should be fully reflected in the final law.
“Even after the law is enacted, the government must ensure strong oversight so that the culture of enforced disappearance never returns,” he said.
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