Cabinet approves draft bill on enforced disappearances

The Cabinet Division on Monday approved the draft bill on preventing enforced disappearances, fixing death as the maximum punishment.

The bill was approved at the 15th meeting of the Cabinet held at the Cabinet Division’s office at the Secretariat with Prime Minister Tarique Rahman in the chair, said a press release.

It has been approved following vetting by the Legislative and Parliamentary Affairs Division.

As per the draft bill, the general punishment for involvement in acts of enforced disappearance would be lifelong imprisonment. However, if the victim dies as a result of enforced disappearance, or remains missing five years after the offence, the accused party could also face death penalty as well as a maximum fine of taka one crore.

The property of the accused can be used to compensate the victims, and if the property is not sufficient or recoverable, the state will have to take the responsibility of providing compensation, the draft bill states.

The bill also requires the law enforcement authorities concerned to complete investigation within 120 days of the complaint filing, and the judiciary to complete trial within the next 120 days.

It allows the court to issue a search warrant for recovering the victim, accept digital testimonies and continue trials without the accused being present.

It requires government officials to protect and conceal the identity of the victim, the complainant, witnesses and whistleblowers as well as information providers.

On the other hand, the victim’s family reserves the right to get updates on the investigation progress, the facts behind the incident and the true location and condition of the victim.

The government has to provide legal support, medical assistance, and rehabilitation assistance to the victim’s family and the victim, if he or she is recovered alive. The government also has to establish a compensation fund, and maintain a central database of the victim and compensation recipients.

The officials must also issue an “enforced disappearance certificate” five years afterwards to ensure property distribution among the ancestors of the victim.

In the draft bill, enforced disappearance has been recognised as a non-bailable and non-negotiable criminal offence with a view to establishing the rule of law.