Draft law proposes death, life imprisonment for enforced disappearances
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.
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 as the maximum punishments for enforced disappearance, which it defines as a crime against humanity.
Published on the Ministry of Home Affairs website today (27 July), the draft has been opened for public consultation until 28 July, 2026. Opinions can be submitted to political5@moha.gov.bd.
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The ministry said the law aims to prevent enforced disappearances, ensure impartial investigations, provide remedies for victims, and fulfil Bangladesh's international obligations.
It noted that Bangladesh has ratified the International Convention for the Protection of All Persons from Enforced Disappearance and formed an independent commission to investigate past cases.
Victims' families welcome move
Sanjida Islam Tuli, coordinator of Mayer Dak, an organisation of families of enforced disappearance victims, and a sitting MP, welcomed the draft.
"The government held several rounds of consultations with stakeholders. Opening the draft for public opinion was necessary. I hope it will consult stakeholders again and quickly place the draft for enactment," she told The Business Standard.
She said the law would deter any security force from carrying out enforced disappearances under orders, but stressed that punishment must be consistently enforced after the law takes effect.
Tough penalties, expanded liability
The draft prescribes the death penalty, life imprisonment and varying prison terms depending on the gravity of the offence.
Those involved in aiding, abetting, incitement, conspiracy, assistance or concealment of enforced disappearance would also face punishment. If a victim dies during or because of an enforced disappearance, the maximum penalties would apply.
The draft aligns the definition of enforced disappearance with international standards and recognises it as a continuing offence until the victim's fate or whereabouts are established.
It also introduces command responsibility, allowing superior officers to be prosecuted if they knew of crimes committed by subordinates but failed to prevent or address them.
It further strengthens coordination among state agencies, mandates rapid action in emergencies, introduces specific victim protection measures, broadens the scope of offences, and seeks to make investigation and prosecution more effective.
The ministry said public feedback will be reviewed before the draft is revised, approved by the cabinet and placed before parliament. The law will take effect after parliamentary passage and presidential assent.
Legal experts described the draft as a positive initiative but called for stronger safeguards against misuse, greater protection of civil liberties, and incorporation of recommendations from rights groups and legal experts.
Human rights activist Nur Khan Liton said the independent commission on enforced disappearances had made several recommendations and expressed hope they would be included in the final law. He also urged the government to ensure the culture of enforced disappearance never returns, even after the legislation is enacted.
