News coverage on the Daily Sun on the new Ordinance on Enforced Disappearance.
Daily Sun – https://www.daily-sun.com/post/838500
Bangladesh is set to get its first-ever comprehensive law to address enforced disappearances- a crime that claimed thousands of lives during the Sheikh Hasina-led Awami League regime.
The Advisory Council has given final approval to the draft “Enforced Disappearance Prevention and Redress Ordinance 2025,” introducing the death penalty as the maximum punishment, strict trial timelines, and provisions for victim compensation.
The approval came at the 47th meeting of the Advisory Council held on Thursday at the Chief Adviser’s Office with Chief Adviser Prof Muhammad Yunus in the chair.
The proposed law recognises state-sponsored enforced disappearances as a serious crime, moving beyond existing laws that only recognise kidnapping and abduction.
The approved draft law requires that trials in the special tribunal be concluded within 120 working days after the framing of charges.
Following the meeting, Chief Adviser’s Press Secretary Shafiqul Alam briefed the media at the Foreign Service Academy, describing the move as “historic.”
“Thousands of people were forcibly disappeared during Sheikh Hasina’s regime. The commission investigating the matter received around 2,000 complaints. The actual number of enforced disappearances may exceed 4,000,” he said.
“This is a historic law for Bangladesh. With it, no fascist government will ever again rule by fear and force,” Shafiqul Alam added.
The draft law was prepared by the Ministry of Law, Justice and Parliamentary Affairs in line with the ‘International Convention for the Protection of All Persons from Enforced Disappearance’. Bangladesh signed this convention on 29 August 2024.
The ministry had prepared a preliminary draft in this regard, and it was approved in principle by the Advisory Council on 29 August. It was reported that the primary draft had failed to adhere to international standards.
The draft was revised based on feedback from the Commission of Inquiry on Enforced Disappearances, legal rights organisations and experts. The ministry hosted consultation meetings to gather recommendations for the draft.
“After much debate, we believe that a comprehensive law is being enacted in the country. Although there were some shortcomings in the initial draft, the final draft is quite rich. If it is implemented, it will play a vital role in preventing enforced disappearances in Bangladesh,” said Barrister Shyikh Mahdi, a lawyer of the Bangladesh Supreme Court and a prosecutor of the International Crimes Tribunal (ICT).
The draft “Enforced Disappearance Prevention and Redress Ordinance 2025” defines enforced disappearance as a continuing offence and makes both the establishment and use of secret detention centres- known as ‘Aynaghar’- as a punishable crime.
“There were hundreds of ‘Aynaghars’ during the Awami League’s rule, where victims were held. With this ordinance, no such facility will ever exist again,” said Shafiqul Alam.
He said this legislation marks a decisive step towards safeguarding life and personal liberty under the Constitution.