HRW urges probe into 'first enforced disappearance' since July Uprising

Human Rights Watch (HRW) has urged the Bangladesh government to investigate the alleged disappearance of a fisherman who was reportedly last seen in Coast Guard custody, describing it as the first known case of enforced disappearance since the July Uprising and warning that recent legal changes risk weakening safeguards against such abuses.

In a statement issued yesterday (19 July), the New York-based rights organisation called on authorities to comply with a High Court order directing law enforcement to locate Miraj Sheikh, 30, and produce him in court. 

It also criticised the government for allowing key human rights reform ordinances introduced by the interim administration to lapse, arguing that the move could undermine accountability for enforced disappearances.

According to HRW, Miraj, a fisherman from the Mongla area, was allegedly detained by Coast Guard personnel on the night of 10 April near Joymonir Ghol, close to the Sundarbans. 

Multiple witnesses reportedly saw officers take him away by speedboat after detaining him.

The rights group said Miraj's family went to the Coast Guard office in Digraj, Mongla, the following day in search of him. 

They were initially told he was "on an operation" and asked to return later that afternoon. 

However, when they returned, officials reportedly denied that he had ever been brought to the facility.

HRW also cited witness accounts regarding Miraj's motorcycle, which had been left at a nearby tea stall. 

On 21 April, the tea stall owner allegedly saw a man identifying himself as a Coast Guard member unlock and take away the motorcycle before it was returned the following day.

"The witnesses explained the situation and time of disappearance, and how the Coast Guard members took him away," Muzahedul Islam Shahin, the family's lawyer, told HRW.

The organisation said Miraj's family subsequently filed complaints with authorities, held a press conference and contacted multiple government officials, but received no information about his whereabouts.

On 12 July, following a habeas corpus petition filed by Miraj's father, the High Court ordered law enforcement to locate the missing fisherman and produce him before the court within 15 days.

HRW noted that Lt Cmdr Mahbub Hossain, media officer for the Coast Guard's Western Zone, has repeatedly denied that the force detained Sheikh and has said it has no information about him.

HRW Deputy Asia Director Meenakshi Ganguly said the case raises concerns that practices associated with the previous Awami League regime could continue unless institutional reforms are implemented.

"Thousands of people were subjected to enforced disappearance during Sheikh Hasina's 15-year rule, and this latest case shows that without genuine reforms they can happen again," Ganguly said in the statement.

She added that the new government, which has pledged reforms, should ensure effective safeguards, institutional changes and accountability for security forces.

HRW noted that under international law, an enforced disappearance occurs when a person is detained or abducted by state authorities, or individuals acting with state authorisation, followed by a refusal to acknowledge the detention or disclose the person's fate or whereabouts.

The organisation also recalled that Bangladesh acceded to the International Convention for the Protection of All Persons from Enforced Disappearance in August 2024 under the interim government, committing the country to criminalise, investigate and prosecute enforced disappearances.

According to HRW, enforced disappearances became widespread during the Awami League government's tenure. 

It cited findings from the interim government's Commission of Inquiry on Enforced Disappearances, which documented 1,569 cases between 2009 and 2024.

The commission reported that 1,282 people later reappeared after being held in secret detention for periods ranging from several weeks to several years. 

At least 251 people remain missing and are presumed dead, while the bodies of 36 others were recovered. The commission described these figures as a substantial undercount.

It also found that a range of security agencies had been implicated in disappearances, including the Detective Branch, the Counter Terrorism and Transnational Crime unit of the police, the Rapid Action Battalion (RAB) and the Directorate General of Forces Intelligence (DGFI). 

According to the commission, the disappearances were accompanied by what it described as a widespread and systematic culture of torture.

HRW highlighted the case of lawyer Mir Ahmed Bin Quasem, widely known as Armaan, who was allegedly detained by RAB in August 2016 and held in secret detention for eight years before being released on 6 August 2024, one day after the fall of the Awami League government.

According to HRW, Armaan has described his detention by saying he "didn't see sunlight in eight years" and felt as though he had been "buried alive". 

His case now forms part of proceedings before the International Crimes Tribunal, where 10 serving army officers who previously held senior positions in RAB are among those facing prosecution.

HRW also referred to another high-profile disappearance case before the 2014 national election, when 22 men associated with the BNP were allegedly picked up from different parts of Dhaka and surrounding areas over two weeks. HRW said 19 of them remain missing.

The rights group also criticised the government's handling of legal reforms introduced by the interim administration.

It said the interim government led by Nobel laureate Muhammad Yunus had enacted the National Human Rights Commission Ordinance, 2025 and the Enforced Disappearance Prevention and Redress Ordinance, 2025. 

According to HRW, the measures would have enabled independent investigations into alleged disappearances, allowed the National Human Rights Commission to inspect detention facilities without prior court approval and provided a mechanism for referring cases to the International Crimes Tribunal.

However, HRW said the newly elected BNP government allowed those ordinances to expire and has instead proposed legislation that would leave investigations into enforced disappearance in the hands of the police while limiting the Human Rights Commission's role to seeking reports from the relevant authorities.

The proposed legislation would also give the government greater influence over appointing members of the Human Rights Commission and its rulemaking process, HRW said.

Ganguly urged the government to amend the proposed legislation to restore the commission's investigative powers and ensure its independence.

She said allowing police to investigate allegations of enforced disappearance will not provide sufficient accountability or create an effective deterrent against future abuses.