Probe power shifted from NHRC to cop
The BNP government has retained the death penalty for the crime of enforced disappearance. The Ministry of Home Affairs has prepared a draft law on the issue.
However, while an ordinance promulgated by the interim government assigned the National Human Rights Commission (NHRC) the responsibility for investigating enforced disappearances, the proposed law assigns that responsibility to the police.
If the police refuse to accept a complaint, anyone acting on behalf of the victim may file a complaint directly before the court of the competent magistrate.
The draft law has been uploaded to the Ministry of Home Affairs website for stakeholder feedback.
However, the Transparency International Bangladesh (TIB) has criticised the government’s decision to allow only one day for stakeholders to submit opinions on the draft Prevention and Remedy of Enforced Disappearance Act, 2026, calling it a “mockery” of public consultation.
In a press release issued on Wednesday, TIB urged the government to extend the consultation period by at least two weeks and ensure meaningful participation of victims of enforced disappearance and other stakeholders before finalising the law.
The anti-corruption watchdog also expressed concern that the draft law could be rushed through parliament, citing recent instances where major legislation, including the Invest Bangladesh Act, 2026, was passed hastily as supplementary agenda items in violation of parliamentary rules.
TIB Executive Director Iftekharuzzaman acknowledged that the draft contains several positive provisions, including recognising enforced disappearance as a distinct and continuing offence, holding senior officials and those issuing orders accountable and rejecting state security as a justification for enforced disappearance.
However, he said allowing only one day for public feedback raises questions about the government’s commitment to genuine consultation with victims and relevant stakeholders.
The organisation also criticised the draft provision assigning investigations into enforced disappearance cases to the police instead of the National Human Rights Commission (NHRC).
“There are specific allegations that members of the police and other law enforcement agencies were involved in many past enforced disappearances,” Iftekharuzzaman said, questioning whether the police could conduct impartial and independent investigations.
TIB further expressed concern over provisions that could allow senior officials to avoid prosecution if subordinate investigators fail to produce sufficient evidence, warning that such clauses could perpetuate impunity and enable continued political and bureaucratic control over enforced disappearance cases.
The organisation urged the government to revise the draft through an inclusive process that incorporates recommendations from victims, stakeholders and international best practices before placing it before parliament.
