The government has drafted a new law to prevent and address enforced disappearances, proposing the death penalty as the maximum punishment if a victim dies or remains missing for five years after being disappeared.
The draft of the “Prevention and Remedy of Enforced Disappearance Act, 2026” has been made available for public opinion as part of the government’s efforts to prevent such incidents and ensure justice for victims.
Officials of the Ministry of Home Affairs said recommendations from the Commission of Inquiry on Enforced Disappearances were considered while preparing the draft.
The ministry published the draft law on its website on Monday, allowing one day for public feedback. Several individuals submitted their opinions through email on Tuesday, and multiple human rights organisations are also known to have provided their recommendations.
According to the draft, if any government official or law enforcement member denies arresting or detaining a person after taking them into custody, or conceals the person’s whereabouts or fate, the act will be treated as an enforced disappearance.
However, cases involving widespread or systematic enforced disappearances will fall under the jurisdiction of the International Crimes Tribunal Act.
Punishments proposed
For the offence of enforced disappearance, the draft proposes a maximum sentence of life imprisonment or a minimum three-year jail term along with a fine of up to Tk50 lakh.
If a disappeared person dies or cannot be traced within five years, the responsible individual may face the death penalty or life imprisonment. The punishment would also include at least five years’ imprisonment and a fine of Tk1 crore.
The draft also proposes a minimum five-year imprisonment and Tk20 lakh fine for constructing, operating or using unauthorised secret detention facilities, including alleged “Aynaghar” centres.
Those responsible for destroying or tampering with evidence related to enforced disappearance cases would face at least five years’ imprisonment and a fine of Tk20 lakh.
Senior officials to face accountability
The proposed law includes the principle of “command responsibility”, under which senior officials could be held accountable for enforced disappearances committed by personnel under their command.
If a senior official of a disciplined force orders such an offence or fails to take preventive action despite being aware of it, the official would face the same punishment as the main perpetrator.
The draft also states that enforced disappearance cannot be defended on grounds of political instability or national security concerns.
Trials within 90 working days
The draft proposes that cases under the law be tried by sessions courts, with proceedings required to conclude within 90 working days from the start of the trial.
Courts may extend the period by another 30 days if necessary.
The law also includes provisions for compensation to victims from the convicted person’s property following a conviction.
Penalty for false complaints
The draft proposes up to five years of rigorous imprisonment for anyone found guilty of filing false or harassing cases related to enforced disappearance.
It also provides for the creation of a central database on enforced disappearances to ensure families’ right to information. The database will include details such as the date, location and possible reasons behind each disappearance.
