Bangladesh Cabinet Approves Draft Enforced Disappearance Prevention and Redress Act Authorizing Death Penalty as Maximum Punishment

 



The Cabinet of Bangladesh has officially approved the draft Enforced Disappearance Prevention and Redress Act of 2026, marking a historic legislative move that categorizes enforced disappearance as a standalone, cognizable, non-bailable, and non-compoundable criminal offense. The decision was finalized during a Cabinet meeting held at the Secretariat in Dhaka on Monday, presided over by Prime Minister Tarique Rahman. According to a notification issued by the Cabinet Division, the proposed framework establishes stringent legal mechanisms designed to hold perpetrators accountable, secure financial compensation for victims, and uphold fundamental human rights, individual liberty, and the rule of law throughout the country.

Under the core provisions of the proposed law, individuals convicted of committing an enforced disappearance will face mandatory life imprisonment alongside substantial monetary fines. However, the draft legislation mandates severe capital punishment under specific aggravating circumstances. If an enforced disappearance results in the death of the victim, if the victim's body is subsequently recovered, or if the missing person cannot be located alive or dead within five years, the court is authorized to sentence the offender to death or life imprisonment, paired with a maximum fine of 10 million taka. To prevent extended legal delays, the legislation sets strict statutory timelines, requiring law enforcement to complete investigations within 120 days and judicial authorities to conclude trials within a subsequent 120-day window.

The statutory framework outlined in the draft provides comprehensive protection and redress mechanisms for victims and their families. It empowers judicial bodies to issue search warrants to locate and rescue missing individuals, permits trials in absentia for absconding accused persons, and recognizes digital evidence in court proceedings. Furthermore, the law guarantees state-funded legal aid, medical care, and specialized rehabilitation support, while establishing a dedicated compensation fund. Financial compensation awarded to affected families will be recovered directly from the personal assets of convicted perpetrators; if an offender's assets prove insufficient, the government will assume legal responsibility to provide the necessary funds. The law also permits the temporary use of a disappeared person's assets for the maintenance of their dependents and allows for the issuance of disappearance certificates after five years to facilitate inheritance and property distribution.

Demands for statutory punishment against enforced disappearances surged across Bangladesh following the dramatic collapse of former Prime Minister Sheikh Hasina’s administration during the student-led mass uprising of 2024. Following Hasina's departure to India on August 5, 2024, an interim administration headed by Nobel laureate Muhammad Yunus established an official Commission of Inquiry on Enforced Disappearances to investigate extrajudicial detentions and state-sponsored abductions. By January 2026, the commission had formally received 1,913 complaints, including 287 verified cases involving individuals who remain missing or were confirmed dead. Investigators from the commission estimated that the actual number of enforced disappearances carried out over the preceding decade and a half could range between 4,000 and 6,000 cases, pointing to widespread political motivation and alleging direct involvement by Hasina, former cabinet ministers, and senior law enforcement officials.

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