The government-appointed Commission of Inquiry (COI) on enforced disappearances (COIED) has revealed in its second interim report that victims of enforced disappearance were routinely subjected to torture to extract confessions, severely compromising the judicial system while devastating victims’ civil and political rights.
The report paints a grim picture of how enforced disappearances and torture under the previous regime permeated personal lives, creating an atmosphere of fear that extended into family homes.
It highlights how coercively obtained confessions became institutionalised, distorting the criminal justice system by serving as bureaucratic shortcuts for convictions rather than tools for truth-seeking.
According to the findings, systemic weaknesses allowed these confessions to replace proper evidentiary procedures, bypassing the need for evidence collection, witness examination, or accountability for misconduct.
This created a fundamental imbalance where confessions were treated as conclusive even when obtained through illegal detention, torture, or denial of legal counsel.
The commission observed that, while bail was granted in some earlier cases, those relying on custodial confessions remained resistant to judicial relief. It specifically noted how the previous Sheikh Hasina-led government allegedly weaponised the justice system and security apparatus to suppress Bangladeshi civil society.
Targets included political opponents of the ruling Awami League, outspoken journalists, trade unionists, opposition-aligned lawyers, and writers advocating for justice. These individuals faced intimidation, harassment, duress, and in extreme cases, fabricated charges, arbitrary arrests, enforced disappearances, and extrajudicial killings.
The report noted a disturbing pattern where false cases peaked during election cycles to pressure dissenting voices.
The commission identified critical failures at all levels of the criminal justice system. Investigative agencies were found to conduct biased inquiries, producing flawed charge sheets that undermined fair trials from the outset.
Prosecutors often lacked the necessary skill and dedication, resulting in miscarriages of justice. Judges, who should function as impartial arbiters, frequently overlooked procedural violations and failed to properly evaluate evidence.
To address these systemic issues, the commission recommended establishing robust monitoring mechanisms for police, prosecutors, and judges to ensure accountability and transparency.
It emphasised that authorities must take punitive action against those found negligent in their duties.