Cabinet clears draft law to prevent enforced disappearances

The Cabinet on Monday approved the draft Enforced Disappearance Prevention Bill, which proposes the death penalty as the highest punishment for the crime.

The approval came at the 15th Cabinet meeting held at the Secretariat, chaired by Prime Minister Tarique Rahman, according to a Cabinet Division press release. The draft was cleared after vetting by the Legislative and Parliamentary Affairs Division.

Under the proposed law, anyone found guilty of enforced disappearance would face life imprisonment. If the victim dies as a result of the offence or remains missing for five years after the incident, the accused could be sentenced to death and fined up to Tk1 crore.

The draft also provides for compensation to victims through the confiscation of the accused's property. If the assets are insufficient or cannot be recovered, the state will be responsible for paying compensation.

The bill sets a 120-day deadline for law enforcement agencies to complete investigations after a complaint is filed, followed by another 120 days for the trial to conclude.

It empowers courts to issue search warrants to recover victims, admit digital evidence and testimonies, and proceed with trials even in the absence of the accused.

The proposed legislation also mandates the protection of the identities of victims, complainants, witnesses, whistleblowers and information providers.

Victims' families would have the right to receive updates on the investigation, learn the circumstances surrounding the disappearance, and obtain information about the victim's whereabouts and condition.

If a victim is found alive, the government would be required to provide legal aid, medical care and rehabilitation support to both the victim and their family. The bill also calls for the creation of a compensation fund and a central database of victims and compensation beneficiaries.

In cases where a victim remains missing for five years, authorities would be required to issue an "enforced disappearance certificate" to facilitate the legal distribution of the victim's property among heirs.

The draft bill classifies enforced disappearance as a non-bailable and non-compoundable criminal offence, aiming to strengthen the rule of law.