In a move to address state-sponsored enforced disappearances, the interim government of Bangladesh has unveiled a draft ordinance proposing the death penalty or minimum life imprisonment for government officials found guilty of causing the death of a victim of enforced disappearance.

The draft "Enforced Disappearance Prevention and Redress Ordinance 2025" was introduced at the first stakeholders' meeting organised by the ministry of law, justice and parliamentary affairs at the Judicial Administration Training Institute in Dhaka on Tuesday, The Daily Star reported.

According to the proposed law, even if the disappearance does not lead to the victim’s death, perpetrators — government officials or individuals operating under the state’s authorisation or consent — will face life-term rigorous imprisonment or a minimum of 10 years in prison, along with fines of up to Tk 50 lakh.

If the disappearance results in death, it is either capital punishment or a life sentence, along with a fine of up to Tk 1 crore.

If enacted, this ordinance would mark the first time Bangladesh recognises enforced disappearances as a criminal offence separate from abduction or kidnapping.

At present, such cases are dealt with under general criminal laws, lacking specific provisions to address disappearances carried out by state agencies or their affiliates.

The draft ordinance also includes the unprecedented provision for “trial in absentia”.

If an accused person goes into hiding after the court takes cognisance of the charge sheet, the court may issue a notice within 20 days.

Failure to appear after the specified deadline will allow the court to initiate trial proceedings in the accused’s absence.

Per the draft law, Sheikh Hasina can be tried in absentia if she does not return to face charges.

The International Crimes (Tribunals) Act of 1973 permits such proceedings when an accused is deemed to have absconded or concealed themselves to avoid trial .​

The draft proposes the establishment of special tribunals, equivalent to district judges’ courts, in every district within 60 days of the ordinance’s formulation.

Crimes under the ordinance would be classified as cognisable, non-bailable, and non-compoundable, preventing any out-of-court settlement.

No justification — including war, political instability, or emergency — will be accepted for such crimes.

Following superior orders will also not be considered a defence.

As reported by The Daily Star, law adviser Prof Asif Nazrul, speaking at the stakeholders’ meeting, described enforced disappearance as “a graver crime than murder” and warned against the return of dictatorial governance.

“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.

Former diplomat and enforced disappearance victim M. Maroof Zaman advised against including the death penalty, citing Bangladesh’s recent accession to the International Convention for the Protection of All Persons from Enforced Disappearance on August 29, 2024.

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

On August 29, 2024, Bangladesh's interim government, led by Nobel laureate Muhammad Yunus, acceded to the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). This United Nations treaty aims to prevent and criminalise enforced disappearances, ensuring justice and reparations for victims and their families.

Meenakshi Ganguly, deputy Asia director, Human Rights Watch took to X and welcomed Bangladesh's draft ordinance. But she wrote, "In a welcome step Bangladesh brings the Enforced Disappearance Prevention and Redress Ordinance 2025. 100s were forcibly disappeared by the deposed Hasina govt. However, drop death penalty and work towards completely repealing the capital punishment."

Barrister Sara Hossain, executive director of Bangladesh Legal Aid and Services Trust, expressed concern about the large manpower required to run tribunals in every district, highlighting the need for skilled and courageous professionals.

Saira Rahman Khan, acting secretary of rights body Odhikar, suggested that the ordinance include compensation for victims' families, and ensure protection and anonymity for victims and witnesses.

She also proposed allowing families access to the missing person’s financial assets.

Rights activist Rezaur Rahman Lenin echoed the need for victim compensation.

Legal expert Mohammad Shishir Manir stressed that widespread and systematic disappearances may qualify as crimes against humanity, recommending a clear division of cases between new tribunals and the International Crimes Tribunal (ICT).

Chief ICT Prosecutor Advocate Tajul Islam pointed out the need to define the investigative authority’s reach, especially regarding access to sensitive organisations like the National Telecommunication Monitoring Centre (NTMC) and military bodies.

In 2010, then-Prime Minister Sheikh Hasina established Bangladesh's International Crimes Tribunal (ICT) to prosecute individuals for atrocities committed during the 1971 Liberation War.

The tribunal convicted and sentenced over 100 individuals, including several leaders of Jamaat-e-Islami and the Bangladesh Nationalist Party, for crimes such as genocide, rape, and mass killings. Over 100 individuals were charged, with several sentenced to death or life imprisonment. While the ICT was praised domestically for delivering long-awaited justice, international human rights groups criticised it for procedural shortcomings and alleged political motivations.

The draft defines enforced disappearance as any act where a government official or someone acting with the state’s support, authorisation, or silent consent, arrests or abducts a person and then denies the act or conceals the individual’s whereabouts.

Shortly after assuming office on August 8, the interim government formed a commission to investigate enforced disappearances that occurred during Prime Minister Sheikh Hasina’s 15-year rule.

The commission’s report, submitted earlier this year, uncovered a chilling pattern of systemic disappearances.

Of the 758 complaints received, 27 per cent of the victims never returned, while many others were held in secret detention facilities—commonly referred to as “Aynaghar”—under inhumane conditions.

The report described the practice as a “systematically designed culture” meant to remain undetected over the years.

The draft ordinance is still under discussion, with more consultations planned before it is submitted for presidential approval.