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ENFORCED DISAPPEARANCE

Ordinance awarding capital punishment approved

FE REPORT | November 07, 2025 00:00:00


A draft ordinance awarding capital punishment and other severe penalties to those guilty of enforced disappearances in special-tribunal trial is approved by the Council of Advisers of the post-uprising government.

The law on the anvil provides for setting up special tribunals to expedite trials, with a strict 120-day deadline to complete proceedings once a case is taken up.

Officials say the Enforced Disappearance Prevention and Redress Ordinance 2025 is being hailed as a historic step toward ensuring justice for victims of a crime that has long haunted the nation's human-rights landscape.

The interim cabinet in a meeting Thursday, with Chief Adviser Professor Muhammad Yunus presiding, adopted the ordinance in principle following extensive consultations with legal experts and human-rights defenders.

Speaking at a press briefing at the Foreign Service Academy, Chief Adviser's Press Secretary Shafiqul Alam said the ordinance defines enforced disappearance as a continuing offence and explicitly criminalises the establishment and operation of secret detention centres-commonly known as 'Aynaghar'.

"This is the first time in Bangladesh's legal history that the act of running secret detention facilities has been made a punishable offence," Shafiqul said. "With this law in place, no future fascist government will be able to establish a regime of disappearances or Aynaghar in Bangladesh."

Under the provisions of the ordinance, the National Human Rights Commission (NHRC) will be empowered to receive and investigate complaints related to enforced disappearances. Special tribunals will be established to expedite trials, with a strict 120-day deadline to complete proceedings once a case is taken up.

The law also mandates comprehensive protection for victims, witnesses, and whistleblowers, ensuring that those who come forward are shielded from intimidation or retaliation. In addition, the government will set up a dedicated fund and a national database to support prevention, redress, and protection mechanisms related to enforced-disappearance cases.

"This ordinance not only seeks to deliver justice but also to restore faith in the rule of law and constitutional guarantees of life and liberty," Shafiqul says about the government position, noting that the draft aligns closely with the International Convention for the Protection of All Persons from Enforced Disappearance, which Bangladesh ratified on August 29, 2024.

Human-rights groups have long called for a legal framework to address the culture of impunity surrounding disappearances that allegedly took place under previous governments.

At the briefing, Chief Adviser's Senior Assistant Press Secretary Foyez Ahammad and Assistant Press Secretary Shuchismita Tithi were also present. Responding to questions, Foyez acknowledged recent concerns raised by the US-based International Republican Institute (IRI) over Bangladesh's pre-election law-and-order situation.

"The government is fully aware of these concerns and has intensified its efforts to maintain stability," he said.

Observers say the new ordinance, if implemented effectively, could serve as a turning point in Bangladesh's struggle to end a dark chapter marked by fear and silence. For many families still searching for their disappeared loved ones, this law offers the first glimmer of hope in years.

mirmostafiz@yahoo.com


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