Bangladesh cabinet approves draft law criminalizing enforced disappearance

The government has given its approval to a draft law that criminalizes enforced disappearances, establishing a comprehensive legal framework for the offense. The proposed "Gum Protirodh O Protikar Ain, 2026" recognizes enforced disappearance as a distinct, cognizable, non-bailable, and non-compoundable criminal act.

Under the new legislation, families of victims will be eligible for compensation, to be sourced from the assets of convicted offenders. If offenders lack sufficient resources, the government will step in to provide the compensation. The law mandates that investigations into enforced disappearances must conclude within 120 days, with trials to follow within an additional 120 days.

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Provisions have been made for government legal aid, medical treatment, rehabilitation, and the formation of a compensation fund for them [the families of victims of enforced disappearance], as well as measures to realise compensation from the assets of the convicted person; if that is not possible, a provision has been added for the state to provide the compensation.

Penalties for the offense include a maximum of life imprisonment and a fine. In cases where an enforced disappearance results in death, or if the victim remains missing after five years, the proposed law prescribes the death penalty or life imprisonment, along with a fine of up to Tk 1 crore. The legislation also incorporates provisions for government legal aid, medical treatment, rehabilitation, and the establishment of a dedicated compensation fund for victims' families.

Further measures within the draft law include the issuance of court-ordered search warrants for the rescue of disappeared persons, the allowance of trials in absentia for accused individuals, the admissibility of digital evidence, and the protection of witnesses, complainants, informants, and victims. The law also permits the use of a disappeared person's property for the maintenance of their spouse and dependents. A central database will be maintained, and international cooperation on enforced disappearances will be facilitated.

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Provisions have also been kept in the proposed law to establish an integrated legal framework to prevent enforced disappearances, prosecute those responsible, search for disappeared persons, and ensure the rights, compensation, and rehabilitation of victims and their families.