[🇧🇩] UN investigation into enforced disappearances /deaths of students/citizens at the hands of security agencies

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[🇧🇩] UN investigation into enforced disappearances /deaths of students/citizens at the hands of security agencies
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G Bangladesh Defense Forum

Bring the true perpetrators of enforced disappearance to book
Justice must be ensured for the victims of this heinous crime

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VISUAL: STAR

At a press briefing on Tuesday, the chairperson of the inquiry commission on enforced disappearances once again stated how the highest level of the ousted Awami League government had been directly involved in cases of enforced disappearances, abusing the state's security apparatus to this heinous end. While this has been known for some time now, Tuesday's revelation reinforced the extent to which the fallen regime perverted the purpose of security forces to commit this absolute aberration of justice, rule of law, and human rights. Not only is it deeply saddening, but it is also a dark, shameful stain on the country's image as well as collective psyche.

The commission, which has been investigating cases of enforced disappearances since its formation on August 27, 2024, said it had interviewed 45 members of law enforcement and intelligence agencies, and identified those within these forces who had carried out the orders of their political masters. The commission chief also mentioned the prevailing apprehension among security forces in this regard and warned against what he called "community shielding" of the perpetrators, clarifying that individuals directly involved in this abominable crime must take personal responsibility for their actions.

We could not agree more. As we learnt from the inquiry commission's preliminary report, submitted to the chief adviser in December, various security agencies—from different wings of the police to intelligence bodies—were involved in a well-coordinated system set up by the fallen regime to abduct, detain, disappear, torture, and execute or frame in trumped up charges those critical of the government. Members of these forces thus strayed from their true purpose—serving the people and upholding the rule of law—at the behest of the deposed prime minister and her cohorts. Therefore, justice must be served, and as the commission chief said, those involved must be held accountable.

We appreciate the inquiry commission's efforts to bring justice to the victims of enforced disappearances. We also believe all details of this clandestine system of suppression should be made public. Doing so would serve as a lesson for the nation, ensuring that such a horrific abuse of our law enforcement and security forces, which are meant to protect us, is never repeated. To this end, laws could be enacted if necessary to shield security agencies from the undue influence of any government. This we suggest with the best interests of these institutions and the nation at heart.​
 

JULY UPRISING ABUSES: UN rights chief calls for justice
United News of Bangladesh . Dhaka 05 March, 2025, 21:17

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Volker Türk | File photo

Presenting the fact-finding report in Geneva in Switzerland on human rights violations and abuses related to the protests of the July-August student-led mass uprising in Bangladesh, United Nations’ high commissioner for Human Rights, Volker Türk, on Wednesday said that accountability was absolutely the key.

He, emphasising on future stability and protection of human rights, said that it was a huge chance for the country at this pivotal time to deal with its past and overcome its past to reach a moment of healing and truth telling and that included each and everyone within the society of Bangladesh.

Whatever differences are there, Volker Türk stressed that it was ‘one country and one citizenship’ and it was a unique opportunity for each and every citizen of Bangladesh.

Türk engaged in dialogue with member states and civil society on the findings and recommendations with a view to promoting accountability, justice, and human rights reforms in Bangladesh.

The interim government and civil society representatives from Bangladesh also participated in the event.

Referring to his first telephone conversation with chief adviser Muhammad Yunus, Turk said that Yunus told him human rights is at the centre of the reforms and transition. ‘Of course, this is hard work, no doubt about that. This is not easy.’

That was the right spirit and they all need to grasp the opportunity and support the opportunity towards transition, the UN human rights chief said.

Responding to a question, law adviser Asif Nazrul, who was present at the event, said that there had been some incidents of political violence against the ‘torturers, hooligans of the Awami League regime’, who oppressed and tortured people for many years.

He said that there were some incidents where people who were deeply involved with the AL regime were attacked. ‘We strongly condemned that.’

Asif Nazrul, however, said that most of them belong to the Muslim community and very few people belong to the minority groups.

In his concluding remarks, Turk said that it was fact that the interim government fully cooperated with them when they deployed their team very quickly at the request of the government. ‘We will continue to find ways to keep the Human Rights Council informed.’

‘It will be crucial to ensure due process in criminal cases and investigate revenge violence, including against minorities,’ Turk said while sharing a global update at the 58th session of the Human Rights Council in Geneva recently.

In the past year, Bangladesh experienced a paroxysm of violence as the government of that time ‘brutally suppressed’ a student movement that carried human rights as its torch, Turk mentioned.

‘The country is now charting a new future,’ he said, adding that their recent independent fact-finding report on the human rights violations that took place was an ‘important contribution’ to this journey.​
 

Enforced disappearance: Cancel passports of 10 Rab, seven police officials
Inquiry commission asks home ministry

The Commission for Inquiry on Enforced Disappearance recently wrote to the home ministry, seeking cancellation of the passports of 10 Rab and seven police officers for being involved with enforced disappearance.

The list includes two former directors general of Rab M Khurshid Hussain and Md Harun Or Rashid

After receiving the letter on March 4, the Security Services Division asked the department of immigration and passports to implement the commission's directive and impose a travel ban on the individuals.

The others named in the list are three additional directors general of Rab's operation division, Col Anwar Latif Khan, Col KM Azad, and Col Kamrul Hasan; four Rab intelligence officers, former directors, Lt Col Muhammad Khairul Islam, Lt Col Md Mashiur Rahman Jewel and Lt Col Saiful Islam Suman, and additional superintendent of police Shyamal Chowdhury.

Members of the commission at a recent press conference said they found a secret detention centre inside Bogura police lines.

The commission's list contained the names of Ali Ashraf Bhuiyan, former superintendent of police in Bogura and current deputy commissioner of Barishal (south) range; Arifur Rahman Mondal, former ASP of Bogura and current a deputy inspector general in Barishal; Nur e Alam, former officer-in-charge of Detective Branch in Bogura and current inspector of Bogura Police Hospital; and Zulhas Uddin, former sub-inspector and current OC of Armed Police Batallion-7.

The Commission's letter also included the names of two additional deputy commissioners of Counter Terrorism and Transnational Crime Unit of police, Ahmedul Islam and Zahidul Haque Talukder.

"The commission has evidence of their involvement with enforced disappearance, and the commission will need to interview them further," said the letter.​
 

Perpetrators of enforced disappearances to face trial: Mahfuj Alam

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Photo: BSS

Information Adviser Mahfuj Alam today said that the individuals involved in enforced disappearances will be brought to justice during the tenure of the interim government.

The adviser made the remarks while exchanging views with the families of the victims of enforced disappearances. Human rights organisation Mayer Dak organised the event in the city's Tejgaon area this afternoon, said a press release.

Criticising ousted prime minister Sheikh Hasina, Mahfuj said she used enforced disappearances and killings as a means of avenging her parents' assassination.

"The highest number of enforced disappearances occurred in 2013 and 2014 when people were fighting for their voting rights. The main objective behind these actions was to destroy the electoral system," he added.

The adviser said the government has already formed a commission to investigate into enforced disappearances.

"Based on the commission's recommendations, arrest warrants have been issued against several individuals involved in enforced disappearances. Additionally, investigations against many others are still ongoing," Mahfuj added.

He said those who opposed the Awami League politically were labelled as terrorists and militants before being forcibly disappeared.

Their families were also subjected to fear and intimidation, the adviser said, adding that various state institutions were used to carry out such disappearances.

Mahfuj said Hasina is still hatching conspiracies against the country staying in India, which is very unfortunate.

He said, "The Awami League will no longer be allowed to establish itself politically in Bangladesh. If Awami League is given another chance, enforced disappearances and killings will rise again. They will not be given that opportunity."

Noting that the present government is working to restore the human rights that Sheikh Hasina had taken away from the people, Mahfuj urged the families of the victims of enforced disappearances and extrajudicial killings to remain united.

He assured them that the government would stand by their side and support them in seeking justice.

At the event, Family members of the victims of enforced disappearance demanded trial for those responsible and wanted to know whereabouts of their missing loved ones.​
 

300 victims of enforced disappearances ‘killed’: Chief prosecutor
Published :
Apr 20, 2025 19:29
Updated :
Apr 20, 2025 19:29

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The International Crimes Tribunal (ICT) has set Jun 24 for submission of the investigation report in a case over enforced disappearances and extrajudicial killings allegedly committed over the last 15 years of Sheikh Hasina’s rule.

The three-member tribunal, led by Justice Md Golam Mortuza Mozumder, passed the order on Sunday following a plea from the prosecution, bdnews24.com reports.

Former Rapid Action Battalion director general Ziaul Ahsan, one of the accused in the case, was produced before the court during the hearing.

Chief Prosecutor Md Tajul Islam told the tribunal that “hundreds of extrajudicial killings and enforced disappearances” had taken place during the period.

He said, “Investigations into 200 disappearances are at the final stage. A total of 800 to 900 such cases have occurred. Among them, 300 victims were killed.

“The investigation agency has already gathered and is still gathering evidence on these crimes,” he added.

He requested two more months for submission of the full investigation report.

According to Tajul, arrest warrants were issued on Jan 6 against 11 individuals, including former prime minister Sheikh Hasina, over these alleged crimes against humanity.

Ziaul has already been arrested in connection with the case.

The investigation agency has so far visited several sites linked to enforced disappearances, including a so-called “detention centre” at the RAB-1 office in Uttara, where victims were allegedly kept.

Another location mentioned was a “disappearance chamber” at the RAB-2 office in Agargaon.

At the Kochukhet area, evidence was reportedly found in the infamous “Aynaghar” (Hall of Mirrors), known officially as the Joint Interrogation Cell.

According to the prosecution, torture equipment used on victims after abduction was also recovered from these locations.

Tajul claimed the structures of these locations have since been altered to destroy evidence, which has also been documented during the investigation.

The chief prosecutor alleged direct involvement of Hasina, her cabinet members, MPs, party leaders, and top officers of RAB, Counter Terrorism and Transnational Crime (CTTC) and other law-enforcing agencies in the disappearances and killings.

On Jan 6, the tribunal issued arrest warrants against 11, including Hasina, former defence advisor Tarique Ahmed Siddique, and former IGP Benazir Ahmed.

Hasina stepped down as prime minister on Aug 5, 2024, and has since remained in India.

The interim government took over following her resignation.

Over 50 complaints have so far been submitted to the tribunal against Hasina, her ministers, MPs, and senior Awami League leaders—many of them relating to enforced disappearances.

A commission on enforced disappearances formed by the interim government said in its report on Dec 15 last year that Hasina had been “directly involved” in ordering such acts over the last 15 years.​
 

Trial of enforced disappearances, crimes against humanity on govt priority list: Asif Nazrul
Published :
Apr 22, 2025 22:30
Updated :
Apr 22, 2025 22:30

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Law, Justice and Parliamentary Affairs Adviser Dr Asif Nazrul today (Tuesday) said enforced disappearances, killings and crimes against humanity remain of the interim government’s priority list.

“Ensuring justice of the heinous crimes and brutality took place during the fascist Sheikh Hasina’s regime are also in the present government’s priority list aimed at stopping recurrence of the crimes,” he added, BSS reports.

The adviser said these while presiding over a view-exchange meeting organized by the Law and Justice Division on the proposed 'Disappearance Prevention and Remedies Ordinance, 2025'. The meeting was held at the Judicial Administration Training Institute in the capital.

Stating that enforced disappearances have been a painful memory in our national life, especially during the last 15 years, the adviser said, "During the July uprising, an opportunity has been created to build a new Bangladesh through the immense sacrifice of our young students."

He said Bangladesh has officially ratified the ‘International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED)’ since the country does not have any dedicated law to deal with the cases of enforced disappearances.

"Although our international criminal law considers widespread and systematic enforced disappearance as a crime against humanity, but there is no separate definition of enforced disappearance or explanation of its punishment outside of this or in other cases," he said.

On the issue of Enforced Disappearances Commission, he said, the commission has been working relentlessly to this end and they will submit their report very soon.

Regarding reforms, he said the government wants legal and institutional reforms so that none could dare to commit such types of heinous crimes in future.​
 

Enforced disappearance: Life term or death penalty for culprits
Proposes draft ordinance

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Illustration: Biplob Chakroborty

Government officials will face death penalty or minimum life sentence if found guilty of causing the death of enforced disappearance victims, according to a draft ordinance unveiled yesterday.

The draft "Enforced Disappearance Prevention and Redress Ordinance 2025" also has provisions for financial penalties of up to Tk 1 crore for the perpetrators.

Government officials responsible for any enforced disappearance, but not guilty of causing the victims' death, will be sentenced to life term rigorous imprisonment or minimum 10 years in jail, and will also have to pay a fine of up to Tk 50 lakh.

If approved by the president, it will be for the first time that Bangladesh will recognise state-sponsored enforced disappearance and try the perpetrators in criminal courts. Currently, abductions or kidnaps are recognised under criminal laws, but enforced disappearances are not.

The draft ordinance has also provisions for trying the culprits in absentia.

If there are reasonable grounds to believe that the accused has gone into hiding, the court may issue a notice within 20 days of taking the charge sheet into cognisance, directing the accused to appear before the court.

"If the accused does not appear before the court within the specified time mentioned in the notice, the court may proceed to try the case in the absence of the accused," it added.

The Ministry of Law, Justice and Parliamentary Affairs yesterday shared the draft at its first stakeholders' meeting at the Judicial Administration Training Institute in Dhaka where selective jurists and rights activists offered their views on the proposed ordinance.

The draft seeks to set up tribunals, equivalent to district judges' courts, across the country within the 60 days of its formulation.

Crimes under the ordinance will be cognisable, non-bailable and non-compoundable, meaning once the case is filed, the matter cannot be settled outside the court.

At the discussion with the stakeholders, Law Adviser Prof Asif Nazrul said enforced disappearance is a graver crime than murder.

"In some cases, it is even more heinous," he said, adding that their top priorities are ensuring justice for enforced disappearances, murders, and crimes against humanity, particularly for the gruesome incidents that occurred during Sheikh Hasina's authoritarian regime.

"We want to make it difficult for anyone with such dictatorial ambitions to rise again. For that reason, we are enacting various laws and have already initiated judicial processes," he said.

He said they will hold further discussions on the draft with various stakeholders.

According to the draft, enforced disappearance is when any government official, or any person or persons under the authorisation, support, or silent consent of the state or any government authority (a) arrests, detains, abducts, or otherwise deprives any person of liberty; and (b) denies the deprivation of liberty of that person or conceals the fate or whereabouts of that person.

Besides, if any person attempts to commit any offence mentioned in the two subsections mentioned above; directs, assists, or incites the commission of such offence; or conspire in committing such offence would be punished under the law.

Any offence committed under this ordinance shall not be justified on the grounds of a state of war, threat of war, internal political instability, or a state of emergency; nor shall it be justified by the claim that it was committed on the orders of a superior officer or a public authority.

Sharing his opinion on the draft, M Maroof Zaman, a former diplomat and a victim of enforced disappearance himself, said the law should not include capital punishment since it has been formulated in line with an international convention, to which Bangladesh has become a signatory recently.

"The ordinance will have greater international acceptance if the provision for death penalty is dropped," he said.

Barrister Sara Hossain, executive director of Bangladesh Legal Aid and Services Trust, said setting up of tribunals in every district will require a large number of courageous and skilled manpower.

Saira Rahman Khan, acting secretary of rights body Odhikar, suggested that the ordinance include provisions for compensation for the victim families.

She also demanded provisions for protection and secrecy of victims and witnesses, and a system where a victim's family could access the victim's bank accounts and other assets.

Rights activist Rezaur Rahman Lenin also spoke for compensation.

Lawyer Mohammad Shishir Manir said that if incidents of enforced disappearances are widespread and systematic, then they can be prosecuted as crimes against humanity. "We need to specify which cases would be tried under the new tribunals and which would be tried under the International Crimes Tribunal."

Chief ICT Prosecutor Advocate Tajul Islam said the ordinance should stipulate how far the investigation team could go to probe the offence.

"Specially, it should be determined how the probe body would get into organisations like NTMC [National Telecommunication Monitoring Centre] and other armed forces," he said.

On August 29, 2024, the interim government signed the instrument of accession to the International Convention for the Protection of All Persons from Enforced Disappearances.

Soon after taking office on August 8, the government also formed an inquiry commission to investigate cases of enforced disappearances during Hasina's 15-year rule.

During her dictatorship, different law enforcement agencies held victims of enforced disappearance for days, months and even years in several secret detention cells (popularly known as Aynaghar) in inhuman conditions, according to the commission report submitted to the chief adviser earlier this year.

During its investigation, the commission received 758 complaints regarding victims of enforced disappearance. Of them, more than one in every four people (27 percent) never returned. A key finding of the inquiry was that the culture of enforced disappearance "was systematically designed over 15 years to remain undetectable."​
 

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