Cabinet Approves Enforced Disappearance Bill

The Cabinet on Monday approved the draft Prevention of Enforced Disappearances Bill, introducing life imprisonment as the standard punishment and the death penalty in the most serious cases.

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 law received approval after being vetted by the Legislative and Parliamentary Affairs Division.

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

The bill also provides for compensation to victims and their families. It states that the accused's property may be used to pay compensation, while the government will bear the responsibility if the assets are insufficient or cannot be recovered.

The proposed law requires law enforcement agencies to complete investigations within 120 days of a complaint being filed, while courts must conclude trials within the following 120 days.

It also empowers courts to issue search warrants to recover victims, accept digital testimony and continue proceedings in the absence of the accused.

The bill mandates the protection of the identities of victims, complainants, witnesses, whistleblowers and other information providers.

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

The government will also be responsible for providing legal aid, medical treatment and rehabilitation support to recovered victims and their families. It will establish a compensation fund and maintain a central database of victims and compensation recipients.

The draft legislation further provides for issuing an "enforced disappearance certificate" five years after the incident to facilitate inheritance and property distribution for the victim's legal heirs.

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