Draft law on enforced disappearances awaits JS passage

The Ministry of Home Affairs has published the draft of the proposed “Enforced Disappearance Prevention and Redress Act, 2026” on its website for public opinion, with the legislation set to go before the Jatiya Sangsad (JS) for final approval after the consultation process.

The landmark draft seeks to strengthen the state’s commitment to human rights, individual liberty and the rule of law by making enforced disappearance a criminal offence and prescribing comprehensive punishment. It defines enforced disappearance as the arrest, detention or abduction of an individual by a government official or member of disciplined forces, including the army, navy, air force, police, RAB, BGB and intelligence agencies, followed by refusal to acknowledge the act or concealment of the victim’s fate.

The draft terms enforced disappearance a “continuous offence”, meaning the crime remains active until the victim’s location, condition or fate is officially confirmed. It also states that state security, political instability or a state of emergency cannot justify such an offence. A conviction may carry life imprisonment and a fine of up to Tk 50 lakh. If the disappeared person dies, their body is found, or they remain missing for more than five years, the responsible persons may face the death penalty or life imprisonment and a fine of up to Tk 1 crore. The draft proposes at least five years’ imprisonment for keeping anyone in a secret detention centre or deliberately destroying or tampering with evidence.

It introduces command responsibility, holding superiors or commanders criminally liable if they knew about a disappearance, ignored information about it, or failed to prevent or report it. Similar accountability may apply to non-state superiors. Victims or witnesses can file complaints with police or directly with courts if police refuse to accept them. Investigations should generally conclude within 90 days, while Sessions Judges’ courts are expected to complete trials within 90 working days. The draft also provides for property arrangements for families, disappearance certificates after five years, a national database and a Compensation and Rehabilitation Fund. Widespread or systematic disappearances will be tried under the International Crimes (Tribunals) Act, 1973. Misuse of the law may bring up to five years’ imprisonment.