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

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

Punishing perpetrators of 'Enforced Disappearance'
MIR MOSTAFIZUR RAHAMAN
Published :
Nov 06, 2024 23:42
Updated :
Nov 06, 2024 23:42

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Since the inception of civilisation, enforced disappearance has been a dark tool wielded by oppressive rulers to silence dissent. From ancient regimes to modern authoritarian governments, it has served as a weapon to eliminate opposition voices without due process. While history tells us this story time and again, it is sad to note that enforced disappearances still plague numerous third-world countries, where justice is often overshadowed by political motives and misuse of power. Bangladesh is a disturbing example of this phenomenon. During the last regime led by the Awami League (AL), enforced disappearance became a regular instrument used to intimidate and silence its opponents, political or otherwise. The victims included politicians, army officers, and human rights activists, who were often abducted by law enforcement agencies, leaving their families with agonising uncertainty.

After the ouster of the AL regime on August 5, many who had been victims of enforced disappearance were released. These individuals returned to tell harrowing tales of their sufferings in secret detention centres, where they endured physical and psychological torture. Their families, who lived with the agony of not knowing their loved ones' fate, also suffered immensely. Such brutality has left deep scars, not only on the victims and their families but also on the social fabric of Bangladesh. As a society, we cannot allow such crimes to remain hidden or go unpunished. It is the responsibility of the interim government, the judicial system, and civil society to seek justice for these victims and ensure that such abuses of power are never repeated.

The recently formed Enquiry Commission on Enforced Disappearances has uncovered eight secret detention centres in and around Dhaka. The findings are shocking: approximately 1,600 complaints have been filed, implicating various law enforcement agencies. Specifically, the Rapid Action Battalion (RAB) was cited in 172 cases, while other complaints linked the police's Counter Terrorism and Transnational Crime Unit, the Directorate General of Forces Intelligence, and the Detective Branch of police, among others. The scale of these abuses reveals an alarming breakdown of the rule of law. Rather than protecting citizens, these agencies became instruments of fear and oppression, betraying their mandate to serve and protect the public.

The physical conditions of these detention centres are a testament to the inhumane treatment inflicted on victims. In one cell operated by RAB, detainees were confined in a space measuring a mere 3.5 feet by 4 feet. With no natural light and only an open drain for sanitation, these cells forced individuals to endure extreme discomfort and indignity for years on end. Such facilities were designed not just to detain but to break the human spirit, underscoring the cruelty of enforced disappearance as a state-sanctioned crime.

The commission's findings reveal an even darker reality: evidence of "attempts to destroy evidence" linked to these secret cells. Law enforcement agencies have reportedly been destroying cells, painting over walls, and removing attachments used for torture, essentially erasing any proof of these heinous acts. Such attempts to cover up abuses suggest that those responsible are not only aware of their crimes but are also determined to evade accountability. This obstruction of justice is an insult to the victims and their families and a direct challenge to the ideals of transparency and rule of law.

State-sponsored abduction is a heinous crime. It is a gross violation of human rights and an assault on the very principles of justice. When law enforcement agencies, tasked with upholding the law, engage in enforced disappearances, they betray the trust of the people and undermine the very foundations of society. Exemplary punishment must be ensured for the perpetrators of these crimes. If these atrocities are allowed to go unpunished, future rulers may see enforced disappearance as a viable tool to silence dissent, and the cycle of fear and oppression will continue.

By holding the perpetrators accountable, we must send a powerful message that no one is above the law. This is a crucial step toward healing the wounds inflicted on victims and their families and restoring public trust in state institutions.

It is the responsibility of the government and the judiciary to act decisively in this matter, setting a precedent that enforced disappearance has no place in a society that claims to be governed by the rule of law. Only by addressing this dark chapter openly and honestly can Bangladesh hope to emerge as a just society.​
 

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We’ll see the end of enforced disappearances: Asif Nazrul
bdnews24.com
Published :
Nov 15, 2024 20:48
Updated :
Nov 15, 2024 20:48

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The government lacks neither the courage nor the sincerity in investigating and prosecuting cases of enforced disappearances, Law Advisor Asif Nazrul has said.

Speaking at the opening of the eighth congress of the Asian Federation Against Involuntary Disappearance, or AFAD, on Friday at a hotel in Dhaka, Nazrul assured the victims’ families of the government’s unwavering commitment.

He said, “We stand with you. It does not matter what position we hold. Do not doubt our sincerity; all I ask is this.”

“We may have shortcomings in our capabilities, but there is no shortage of our sincerity or courage. We will see this through to the end,” he added.

The advisor described enforced disappearance as an even more heinous crime than murder.

“When a person dies, you know their body is there. But the pain of not knowing whether someone is alive or dead is unbearable,” said Nazrul.

During the event, relatives of the disappeared raised concerns about the lack of progress under the previous government despite promises to investigate.

Nazrul said, “This interim government is different from others. We are all well-established in our respective professions. Our only asset is our ‘reputation’. Therefore, there is no question of repeating the actions of the previous government.”

“Our commitment is certainly stronger than before. No government has formed a commission for the disappeared; we have done so,” he added.​
 
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Enforced disappearance worse than murder: Speakers
Staff Correspondent
Dhaka
Published: 15 Nov 2024, 23: 07

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Relatives of the victims of enforced disappearances attended the programme with the photos of their dear ones Prothom Alo

If someone is killed, his body could be recovered and the pain of the relatives slowly dies down, the heirs’ could get their share in the property. But no such thing is possible if someone is a victim of enforced disappearance. For years the family members just look for a piece of information regarding that person - whether he is alive or dead. The incidents of enforced disappearances are worse crimes than murder.

The speakers said this in the 8th congress of the Asian Federation against Involuntary Disappearance (AFAD), organised with the help of rights organisation Odhikar, at Hotel Bengal Canary Park in the capital’s Gulshan area today, Friday.

Odhikar president professor CR Abrar chaired the event where rights defenders from Bangladesh, Indonesia, Pakistan, Philippines and other countries attended.

Relatives of the victims of enforced disappearances were also present at the programme.

Addressing the event, interim government’s law affairs adviser Asif Nazrul said, “Whenever I gaze at the photos of the people who were made victims of enforced disappearances, I realise your sorrows. We are also human beings… I always think how would I feel if my child becomes a victim of enforced disappearance, how would my wife and mother feel if I become a victim of enforced disappearance?”

“Whenever I think of these things, I always think we should bring the families of those people, who order for someone’s enforced disappearance, think of such an act, in these programmes so that they could see what their parents, children or brothers have done. I still believe that enforced disappearance is a worse crime than murder. We can know if a person dies, we could get his body. But this pain is unparalleled. A person does not know whether his relative is alive or not. We surely will consider rehabilitation and compensation of the families of the victims of enforced disappearance.”

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Speakers at the 8th congress of the Asian Federation against Involuntary Disappearance in Dhaka on 15 November 2024 Prothom Alo

The law adviser informed the gathering that the government has formed a very powerful commission to investigate the incidents of enforced disappearance.

He said the commission members have been working tirelessly to deeply investigate the crime and find out the actual perpetrators.

“We are pledge-bound to bring to book the people involved with such crimes. The commission to investigate the incidents of enforced disappearance and International Crimes Tribunal could coordinate in their works. The information to be unveiled by the commission to investigate the incidents of enforced disappearance could be very effective to run the trials at the ICT,” he added.

All types of crimes were committed under the leadership of former prime minister Sheikh Hasina in the last 15-16 years, remarked Asif Nazrul.

“The root of the party that committed the enforced disappearance, corruption and extrajudicial killings is deeper. Fighting them is a big act, this is not easy. They accumulated strength for over 15 years but we have been working against such a force for just a few weeks. That is why it will take some time to be successful against them,” he added.

Mentioning that continuing this fight is a challenging task, Asif Nazrul said, “We are here not for a long time. But this has to be ensured that the next elected government will continue this fight.”

Speaking at the programme, attorney general Md Asaduzzaman said the children of the victims of enforced disappearance sometimes need to pass days through economic hardships even though they have a good amount of money in bank accounts. They cannot even ask for help from others due to their social position. This is how they too die within slowly.

Stating that an ordinance is required to solve this problem, the AG said, “This has to be done so that the victim families could get the heir’s share of properties as soon as possible.”

He also requested the law adviser to compose such an ordinance that would prioritise the trials of crimes against humanity so that none in the future could muster courage to commit such crimes.

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Law adviser Asif Nazrul addresses the event Prothom Alo

Law adviser Asif Nazrul said, “Definitely we will take an initiative to compose such a law. The issues of compensation and other problems will also be addressed in this regard.”

He further asked people not to suspect their goodwill and sincerity about that.

“We are eying every moment”

Sharing her ordeal, Nasreen Jahan Smriti, the wife of BNP leader Ismail Hossain who went missing in 2019, said, “My husband has been subjected to enforced disappearance. Every moment, every minute, every second, we are dying. How many more times will we have to die?”

Nasreen mentioned her financial hardships as she has to support her family, including her children, in the current economic situation. She pleaded, “Please, give us a clue – is he alive or not?”

“We can’t take it anymore. Please help us,” she wailed.

“Justice is our priority”

Adilur Rahman Khan, adviser for the housing and public works ministry, noted that ensuring justice is a priority for the current government. “This is not just for the victims of enforced disappearances but for all the victims of the 15-and-a-half-year-long barbaric and fascist regime.”

He added, “We stood together, we fought together against the fascist. We want express a firm commitment – we will not let the fight end without ensuring justice.”

On the occasion, Professor CR Abrar said the path to justice is not easy, rather shrouded in different types of uncertainty.

“The fallen regime had excessive power, excessive authority, and not all of them have disappeared. Many are still in place. They also have much wealth. They will try to undermine the authority of this public-supported government. Therefore, all need to stay united.”​
 
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Commission for travel ban on 22 law enforcers
Staff Correspondent 25 November, 2024, 00:23

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The Commission for Inquiry on Enforced Disappearances has recommended that travel ban should be imposed on 22 members of law enforcement agencies for their alleged involvement in the incidents of enforced disappearance during the now ousted Awami League regime of the past 15 years.

A commission member told New Age that they had given the recommendation to the government in November for the sake of investigation against these officials accused of involvement in enforced disappearances.

The 22 officers belong to the Directorate General of Forces Intelligence, Rapid Action Battalion and police.

‘We have to talk to the members of law enforcement agencies for the sake of investigation as the commission has primarily found their involvement in enforced disappearance cases,’ the commission member said.

He said that they could not disclose the date and identities of the law enforcement agencies members.

The commission also asked the government to alert the immigration department in this regard, he added.

When reached for comments on the development, another commission member Nabila Idris said, ‘I neither acknowledge nor deny the matter. We are not disclosing anything to the media for the sake of investigation. We will inform our updates through press conferences.’

News has also spread that these 22 members of the law enforcement agencies have been sacked from their jobs.

Another commission member, Nur Khan Liton, said that the news that the officers’ got the sack was fake.

Bangladesh security forces have not sacked any of their officers and members on the basis of any recommendations of the Commission for Inquiry on Enforced Disappearances in the country, said a press release issued by the interim government chief adviser’s press wing on Sunday evening, quoting the commission chairman, justice Moyeenul Islam Chowdhury, as saying.

Addressing the nation on November 17, interim government chief adviser professor Muhammad Yunus said that although the Commission for Inquiry on Enforced Disappearances had received over 1,600 complaints till October, he expected the number to exceed over 3,500.

On November 5, the inquiry commission said that it had received complaints regarding enforced disappearance of over 1,600 victims, the incidents of which occurred during the immediate past 15-year rule of the now ousted Awami League.

The complaints came from the enforced disappearance victims and their families from September 15 to October 31.

The commission also found detention centres in eight locations in the compounds of law enforcement and security agency offices, including the joint interrogation cell, popularly known as Aynaghar, on the premises of the Directorate General Forces Intelligence headquarters in the capital, and its surrounding areas.

Nearly 200 victims of enforced disappearance incidents that took place between January 6, 2009 and August 5, 2024 remain still untraced.

Commission members said that most of the 1,400 victims were later framed in cases with allegations of possessing illegal arms and involvement in extremism.

The victims were also sent to jail, sentenced to various jail terms, given death sentence, or granted bail while many cases are still underway.​
 
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Enforced disappearances: ‘Hasina herself was involved’
Says commission’s preliminary report to CA

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Illustration: Biplob Chakroborty

Former prime minister Sheikh Hasina, her defence adviser Maj Gen (retd) Tarique Ahmed Siddique, former director general of the National Telecommunication Monitoring Centre Maj Gen Ziaul Ahsan, and senior police officers Monirul Islam and Md Harun-Or-Rashid were all involved in enforced disappearances.

Commission for inquiry into enforced disappearances found prima facie evidence of their involvement, said a preliminary report submitted to the chief adviser yesterday.

The commission recommends disbanding Rab because of its inalienable involvement in enforced disappearances.

It found a "systematic design" that facilitated incidents of enforced disappearances go undetected, chairman of the commission Justice (retd) Mainul Islam Chowdhury said while submitting the report to Chief Adviser Prof Muhammad Yunus.

The forces collaborated with each other to pick up, torture, and keep victims in detention and deliberately compartmentalised the operations, the commission found.

The commission recorded 1,676 complaints of enforced disappearances.

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Of the complaints, it has examined 758, of which 27 percent of the victims -- approximately 200 people -- never returned, said commission member Sajjad Hossain to The Daily Star.

Those who returned were mostly shown on records as arrested, said the rights activist.

The number of complaints the commission has scrutinised exceeds preliminary estimates collated over the years by human rights platforms like Mayer Daak and Odhikar.

Many who had not spoken out, fearing reprisal from the Awami League government, are now doing so, Sajjad said.

The commission estimates that the number of cases of enforced disappearances would be over 3,500.

Earlier, the commission members announced at a press conference that they had found eight secret detention centres in Dhaka and its outskirts.

The commission has since found one more Rab-run secret prison, said Sajjad.

While receiving the report yesterday, Prof Yunus said he would visit some of the joint interrogation cells and secret detention centres, better known as Aynaghar, as he wanted first-hand knowledge about the sufferings of the victims.

The commission also recommends repealing or heavily amending the Anti-Terrorism Act, 2009.

Sajjad said, "Terrorism is very vaguely defined in the law creating room for abuse. We have also recommended abolishing the death penalty under this law."

The report called for the creation of a new law criminalising enforced disappearances.

They also told the government to repeal laws under the Armed Police Battalions Ordinance that grants law enforcers indemnity for acts done in "good faith".

The committee also recommends that the government creates a National Preventive Mechanism as mandated by the UN Convention Against Torture to protect civilians from abuses, Sajjad said.

Last month, commission member Nur Khan Liton told a press conference that the commission found a cell operated by Rab measuring just 3.5 feet x 4 feet. The cell had no source of light, except a small peephole. People had been confined to such cells for years, he said.

Yesterday, the report was handed over to the chief adviser at the state guest house Jamuna.

The commission chairman told Yunus that another interim report would be delivered in March. It would take at least another year to scrutinise all the complaints.

Commission members Justice Farid Ahmed Shibli, human rights activist Nur Khan, BRAC University teacher Nabila Idris, and human rights activist Sajjad Hossain; Interim Government's advisory council members Adilur Rahman Khan and Sharmeen S Murshid; Principal Secretary to Chief Adviser Md Siraj Uddin Mia; and Press Secretary Shafiqul Alam were present, among others.​
 
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