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Tougher action against enforced disappearances: Asif Nazrul

Tougher action against enforced disappearances: Asif Nazrul
File photo of Asif Nazrul. Photo: Collected
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Law Affairs Adviser Dr Asif Nazrul on Saturday reaffirmed the government’s unwavering commitment to strengthening accountability mechanisms and addressing the concerns of families affected by enforced disappearances.

“When it comes to enforced disappearances, we must adopt a firmer stance. Let us begin on a strong note, making it nearly impossible for anyone to divert from this course,” he stated at a roundtable discussion held at a city hotel, reports UNB.

The roundtable, titled “On the Road to Accountability: Commemorating the Day for the Victims of Enforced Disappearances,” was jointly organised by the Commission of Inquiry on Enforced Disappearances (CIED) and the Office of the High Commissioner for Human Rights (OHCHR).

The event marked the International Day for the Victims of Enforced Disappearances.

Notable attendees included Industries Adviser Adilur Rahman Khan, Chief Prosecutor of the International Crimes Tribunal Tajul Islam, CIED Chief Justice Moyeenul Islam Chowdhury, family members of victims, and various human rights activists.

Chief of Mission of OHCHR Huma Khan opened the session with welcome remarks, while CIED member Dr Nabila Idris delivered the keynote presentation.

The United Nations has noted that enforced disappearances are often used as a strategy to instill fear within society, not just affecting the immediate families of the disappeared but also spreading insecurity throughout communities.

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Addressing the audience, Dr Nazrul assured that the government has responded to public expectations, including facilitating the establishment of a UN human rights mission in Dhaka. This mission aims to prevent future incidents of enforced disappearances and establish a more robust accountability framework.

Turning to the issue of false cases, Dr. Nazrul revealed that the government had withdrawn approximately 20,000 politically motivated cases. However, he stressed that cases related to terrorism and militancy should not be dismissed without thorough examination.

“If concrete evidence is found proving a case to be false, it will be promptly withdrawn. No mistakes can be made in such cases, and they must undergo extensive scrutiny to ensure that no militant is wrongfully released,” he explained.

Adviser Adilur Rahman Khan praised the CIED for its diligent work, noting that two reports had already been submitted.

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“We’re eagerly awaiting the third report. There’s much more to do, especially from civil society,” he said, emphasising that the struggle for justice in Bangladesh has been long and challenging, with many sacrifices made for the current state of the nation.

Adilur further expressed confidence that the combined efforts of OHCHR and CIED would help guide the victims of enforced disappearances, torture, and extrajudicial killings toward justice.

He also pointed out that two tribunals might not be enough to address the scale of the situation and suggested that more tribunals may be necessary.

“The victims of enforced disappearances continue to struggle with their cases. We will look into this and also work to resolve issues like access to bank accounts for the families of victims,” he added.

Huma Khan noted the significance of the moment, as it was nearly a year after the formation of the Commission and the political changes that took place in the country.

She identified four key pillars of transitional justice: truth, justice, reparations, and guarantees of non-recurrence. However, she acknowledged that progress on the legal front had been slow, particularly with certain draft laws.

She urged the interim government to address some issues through executive orders rather than waiting for legislation.

“One key issue that shouldn’t be delayed is providing victims with access to their property and bank accounts. Another issue is the many fabricated court cases against those who returned alive. A special tribunal could expedite these cases and bring resolution,” she suggested.

The CIED Chief mentioned that the Commission had received approximately 1,850 complaints so far and hoped to submit its final report by December 2025.

He stated that enforced disappearances are more terrifying than death itself and expressed disappointment over the judicial system’s failure to proactively address human rights abuses.

“The judiciary should be the protector of justice and the vulnerable, but unfortunately, it failed to safeguard the fundamental rights of people during the previous regime,” he said.

The Commission’s main task, he explained, is truth-seeking, which is a key element of transitional justice, alongside prosecuting perpetrators, providing reparations to victims, and implementing necessary institutional reforms.

“We must amend relevant processes to ensure effective justice,” he said.

In a significant development, the Council of Advisers recently approved the draft of the “Enforced Disappearance Prevention, Remedies, and Protection Ordinance 2025,” which proposes the death penalty as the maximum punishment for offenders.

The draft also includes provisions for a special tribunal dedicated to handling enforced disappearances, ensuring trials are completed within 120 days of a complaint, and providing protection for victims, informants, and witnesses.

Additionally, in August of last year, Bangladesh signed the International Convention for the Protection of All Persons from Enforced Disappearance, signaling its commitment to thoroughly investigate all cases of enforced disappearances.

This move came just ahead of the International Day for the Victims of Enforced Disappearances, observed on August 30.

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