Disappearance commission files left in legal limbo
A cache of highly sensitive documents gathered by the country’s now-defunct disappearance commission remains in a state of legal and physical uncertainty, with no clear government directive on how or where the materials should be preserved.
The absence of a designated institutional custodian has effectively left the evidence in limbo, raising concerns among officials and investigators over possible loss, tampering, or unauthorised access.
The documents — many of them classified — are currently stored at the National Human Rights Commission in Dhaka. However, officials describe the arrangement as temporary and lacking a firm legal basis.
The materials include testimonies, digital records and other evidence collected during extensive inquiries into alleged enforced disappearances, some of which reportedly implicate influential figures within state institutions.
Individuals familiar with the commission’s work warn that any loss, whether partial or complete, could significantly weaken ongoing or future investigations and prosecutions. Reconstructing such evidence, particularly digital data, would be extremely difficult and could hinder efforts to ensure accountability.
A senior official who held a key role in the commission, speaking on condition of anonymity, said investigators had uncovered “shocking and consequential” information through prolonged interrogations and field investigations.
“Proper preservation of this material is essential to ensure credible investigations and trials,” the official said, noting that attempts to formally alert the government to the risks were disrupted when the legal framework governing the human rights body was repealed.
The official also expressed concern about the sensitivity of the documents, some of which reportedly implicate powerful individuals. “There is always a risk that these cartons of documents could disappear at any time,” the source added.
Dr Nabila Idris, a former commissioner, said the situation remains concerning, though she stressed that the distress experienced by officials is minor compared with the suffering of victims and their families. “We are waiting to see what the state ultimately decides to do with this evidence,” she said.
Former commission chairman Justice Moinul Islam Chowdhury said that, under earlier arrangements, the materials were to remain in the custody of the human rights commission’s secretary until a final decision was made.
He acknowledged, however, that he could not confirm their current status or level of security. According to multiple sources, the commission compiled its findings into at least 24 cartons, along with official files.
These include audio and video recordings of interrogations involving senior officials from intelligence agencies such as the Directorate General of Forces Intelligence and the National Security Intelligence, as well as members of law enforcement bodies including the Rapid Action Battalion and police.
Several high-ranking officials were summoned to testify following the political upheaval that led to the fall of the Awami League government in August 2024. Some provided written statements, while others appeared in person.
Witnesses included security personnel who reportedly offered firsthand accounts of enforced disappearances and extrajudicial killings. Family members of victims also gave recorded statements outlining their allegations.
Investigators are said to have recovered additional evidence from alleged secret detention facilities linked to intelligence and security agencies. These reportedly include phone records, SMS exchanges and CCTV footage that, according to sources, point to direct involvement of senior officials in certain cases.
Following the commission’s dissolution, its former secretary Kudrat-e-Elahi — later appointed secretary of the human rights commission — oversaw the transfer of documents to the commission’s office in Karwan Bazar. The transfer included both official files and the 24 cartons of evidence.
Meanwhile, five laptops used by commissioners during the investigation were wiped and returned to the government.
Officials caution that even erased data can often be recovered, raising further concerns about potential breaches if the devices are not properly handled. Any such breach could expose sensitive information relating to victims, complainants and witnesses, potentially putting them at risk and discouraging future cooperation.
Human rights commission officials acknowledge that the current storage arrangement is inadequate. They note that the commission does not have a formal mandate to safeguard the materials, and that no clear guidance was issued by the previous leadership regarding their handling. Records of recent meetings contain no instructions on the matter.
A visit to the commission’s office suggests limited security measures. The documents are stored in Room 917 behind a glass partition secured with a basic lock. Inside, stacks of ageing files and rope-tied cartons are visible, with no advanced protection in place.
Kudrat-e-Elahi said the initial plan had been to bring disappearance-related complaints and investigations under the jurisdiction of the human rights commission after the original body was dissolved. However, the repeal of the relevant ordinances has created legal complications.
He expressed hope that the government would clarify the status of the documents or that a reconstituted commission would take a decision.
The disappearance commission was established by the interim administration through an executive order following mass protests in July that led to the collapse of the previous government. Based in Gulshan, it was tasked with investigating allegations of enforced disappearances.
Alongside Justice Chowdhury, its members included human rights activist Noor Khan Liton, Sajjad Hossain and Dr Idris. After its dissolution, three members were appointed to the human rights commission, but later stepped down following the repeal of the ordinance governing the body in the 13th National Parliament.
