Enforced Disappearance in Defiance of Human Rights : A Critical

Review from Bangladesh Perspective.

By

Md. Abdul Momin

Department of International Relations

University of Dhaka

1. Introduction

Enforced disappearance is an atrocious violation of human rights. It affects victims in many

ways, including constant fear for their lives, their families go through an emotional roller coaster

of hope and despair and waiting for news that might never come. The disappeared person,

indeed, is completely deprived from the protection of national and international legal

instruments. According to the reports of some national and international human rights

monitoring organizations, the volume of enforced disappearance has been alarming in the recent

years in Bangladesh. The surfacing of the crime as a grave security concern in Bangladesh,

therefore, provides a reasonable justification of this study. The paper presents a critical analysis

on the existing legal and institutional functions in Bangladesh relating to the practice of enforced

disappearance.

2 .Research Questions

Enforced disappearance is now much talked issue in Bangladesh in recent period .this paper

seeks to answer the following questions.

How are the current enforced disappearance situations in Bangladesh?

What are evidences that security forces are responsible for a continuing pattern of

disappearances?

Why have Bangladeshi authorities failed to improve the situation?

3 .Research objectives

Enforce disappearance is now a hot issue in the context of Bangladesh after the seven murders in

Narayangonj by RAB. Enforced disappearance is rising alarmingly in Bangladesh recently. This

paper would like to review the current situation and find out the major factors which are

responsible for enforced disappearance and its consequences on human rights in Bangladesh.

4. Research Methodology

This research paper is basically qualitative and quantitative in nature. It is based on secondary

data.

Sources of data

Secondary sources are books, reports, published research studies, case studies, newspaper

articles, seminar and conference papers, magazines, documents available in the internet.

To supplement the Secondary sources of data, media coverage on the related research topic, are

compiled from some (The Daily Star, New Age, Prothom Alo) leading daily newspapers in

Bangladesh.

Techniques of data collection

The secondary data was collected from different sources. These include Dhaka University

Library Paper Section, Seminar Library of International Relations Department of Dhaka

University, British Council, and Department of Public Library.

5 .Conceptualization and legal protection of enforced disappearance

The term „enforced disappearance‟ means abduction, carrying or kidnapping illegally, secret

arrest or detention. Among these meanings, „abduction‟ is often used as a synonym of the phrase.

According to the Oxford Dictionary, it means „to compel a person to be invisible‟. In general, an

enforced disappearance takes place when a person is arrested, detained or abducted by the state

or agents acting for the state, who then deny that the person is being held or conceal their

whereabouts, placing them outside the protection of the law1.

The definition of an enforced disappearance has experienced variations in its evolution through

international law of the human rights and international penal law. However, the universal

definition of enforced disappearance was eventually found in the draft of the „International

Convention for the Protection of All Persons from Enforced Disappearance‟ (ICCPED), held in

Paris, France, on June 26, 2006.According to Article 2 of ICCPED:

[…] ‘enforced disappearance’ is considered to be the arrest, detention, abduction or any

other form of deprivation of liberty by agents of the State or by persons or groups of

persons acting with the authorization, support or acquiescence of the State, followed by a

refusal to acknowledge the deprivation of liberty or by concealment of the fate or

1 See, “Amnesty International,” available at: http://www.amnesty.org/en/enforceddisappearances> (accessed on

March 15, 2013

whereabouts of the disappeared person, which place such a person outside the protection

of the law.2

Enforced disappearance is not permitted by any law in the world. It is considered as a violation

of human rights by the constitution of Bangladesh and international human rights treaty bodies.

5. 1.International Convention on Enforced Disappearances (ICCPED):

The International Convention for the Protection of All Persons from Enforced Disappearance

(ICCPED) is an international human rights instrument of the United Nations, and is intended to

prevent forced disappearance defined in international law, crimes against humanity.

In 2002, the UN Commission on Human Rights formed a working group to formulate a draft

which appeared in a General Assembly session in September, 2005.Finally, The Group

concluded its work in 2006 and its draft international convention was adopted by the Human

Rights Council on June 29, 2006, and welcomed the offer by France to host the signing

ceremony. The text was adopted by the United Nations General Assembly on December 20,

2006, and opened for signature on February 6, 2007. It entered into force on December 23, 2010.

As of July 2014, 93 states have signed the convention and 43 have ratified it. The government of

Bangladesh has ratified the Convention against Torture, but has yet to accede to the International

Convention for the Protection of All Persons from Enforced Disappearance.

5.2. Constitution of Bangladesh

The constitution of the People‟s Republic of Bangladesh ensures through article 11 that

fundamental human rights and freedoms and respect for the dignity and worth of the human

person be guaranteed.. Article 32 of the Constitution of Bangladesh protects the fundamental

right to life and liberty, stating that: "o person shall be deprived of life or personal liberty, save in

accordance with law." Moreover Article 31 of the Constitution reads: "o enjoy the protection of

the law, and to be treated in accordance with law, and only in accordance with law, is the

inalienable right of every citizen, wherever he may be, and of every other person for the time

2 OHCHR, “International Convention for the Protection of All Persons from Enforced Disappearance” (ICCPED),

June 26, 2006, available at: http://www2.ohchr.org/ english/law/pdf/disappearance-convention.pdf> (accessed on

March 21, 2013

being within Bangladesh, and in particular no action detrimental to the life, liberty, body,

reputation or property of any person shall be taken except in accordance with law."

6. Present situations in Bangladesh

Current situation of enforced disappearance is very alarming in Bangladesh. Recent reports of

various human rights organizations including Odhikar, ASK, Amnesty International and so on

shows the rise of enforced disappearance in Bangladesh. It has been accelerated since

2012.According to information gathered by Odhikar from January 2009 to October 2014, 162

persons have disappeared; of them, 20 bodies have been found later.

The Asian Human Rights Commission (AHRC), ALRC's sister organization, has documented

cases of disappearances that have been alarmingly increasing. At least 35 persons were

disappeared in 2013.Amnesty International has investigated 20 reported cases of enforced

disappearances in Bangladesh since 2012, including seven who forcibly disappeared in April

2014. These figures are not necessarily the only cases of enforced disappearances in the country.

Human rights groups in Bangladesh believe the total number of the forcibly disappeared may be

considerably higher.3 Ain O Salish Kendra says that at least 74 persons were abducted between

January and June 2014.4

Statistics on disappearance in Bangladesh: January to October 2014

Source: Odhikar‟s documentation, human rights monitoring report. Published in November

1,2014

3 http://www.askbd.org/ask/category/statistics/abduction-by-law-enforcement/ (accessed on 18 August 2014)

4 Ibid

0

5

10

15

20

25

30

35

1 7

2

18

2 0 0 3 2 0

35

ASK DOCUMENTATION

JANUARY TO SEPTEMBER 2014

Forced Disappearances: Alleged Abduction by Law Enforcement Officials (As Witnessed by families)

Abduction Dead body

recovered

later on

Released

after

abduction

Presented to

the media

Later found

in police

station

Later sent

to jail

82 23 10 7 1 2

(As Witnessed by familiesAlleged Abduction by Law Enforcement Officials

Breakdown of Profession/Political Affiliation

Awami League (Ruling Party Affiliated) 2

Chatraa League (Ruling Party Student Wing) 4

Jubo League (Ruling Party Youth Wing) 5

Jamaat Affiliated 1

Shibir (Student Wing of Jamaat Party) 2

BNP (Opposition Party Affiliated) 12

Chatraa Daal (Opposition Party - Student Wing ) 5

Jubo Daal 1

Businessman 11

Service Holder 8

Non Political Affiliated Students 3

UP Member 1

Council Members and Panel Mayor 1

Teacher 2

Lawyer 1

Unidentified 19

Farmer 2

Auto Driver 1

Toll Collector 1

Total 82

Source: Ain O Salish Kendra documentation 2014.5

5 http://www.askbd.org/ask/2014/10/13/incidents-enforced-disappearances-third-quarter-2014/

According to rights body Ain O Salish Kendra (ASK), at least 330 people, including activists of

the ruling Awami League, BNP, job holders, farmers and businessmen, have disappeared since

20076.

Sources:https://abidazad.wordpress.com/2014/08/31/many-victims-one-story-onedemand

It seems that the rate of disappearances is increasing year by year. There are many enforced

disappearance incidents occurred in 2014. These incidents have become publicized by virtue of media

coverage and active role of human Rights organization.

Major incidents that took place in 2014

The above chart shows that enforced disappearance rate is rising alarmingly day by day. 76

incidents happened in 2014 which is really matter of concerned in the human rights perspective.

Major incidents are given below:

6 http://www.askbd.org/ask/2014/08/30/international-day-victims-enforced-disappearances/

Enforced disappearance of seven persons in Narayanganj: Seven persons were

abducted in Narayanganj on 27 April 2014, by law enforcement officers7. Nazrul Islam, a

local politician; three of his associates, Tajul, Swapan and Liton; and his driver, Jahangir,

were kidnapped at about 1:45pm as they were leaving the court complex following a

hearing in which Nazrul Islam was a defendant. They were taken away in their own car.

Around the same time, a senior lawyer, Chandan Sarkarand his driver Ibrahimwere also

abducted from the court‟s vicinity. Police said they were all abducted by men posing as

RAB officers. Subsequent events, however, strongly suggested RAB involvement.

Family members of Chandan Sarkar said he and his driver were abducted because they

had witnessed the abduction of the first five.

Abu Bakar Siddique, a businessman, was abducted by six or seven men on 16 April in the

Fatualla area of Narayanganj. Siddique‟s family and human rights activists believed his

abduction was a warning to his wife, Rizwana Hasan. She is the executive director of the

Bangladesh Environmental Lawyer‟s Association, which has launched a series of

lawsuits against a number of construction, tannery and shipbreaking industries for

allegedly engaging in activities harmful to the environment, including industrial

pollution. She had been receiving death threats because of her campaigns.

Abraham Linkon,an employee of Rangpur Medical College Hospital, was subjected to a

possible enforced disappearance on 15 February 2014. Eleven days later, Linkon‟s body

was found in Shibganj Upazila of Bogra, some 240 kms from where he was taken, with a

bullet wound to the side of his head.

Enforced disappearance of Saiful Islam Hiru,Humayun Kabir Parvez and Joshim Saiful

Islam Hiru, a former MP and president of the BNP‟s Laksam branch was arrested by

RAB officers at around 10pm on 27 November 2013 along the LaksamComilla highway.

7 Prothom Alo, 30 April 2014.

RAB also arrested two other men who were in the same vehicle, Humayun Kabir

Parvez(a BNP official and Hiru‟s cousin) and Joshim(a local BNP activist).

Rakibul Islam Shaon was disappearance on March 29 in 2014. He was a Comilla Juba

League leader and former organising secretary of Bangladesh Chhatra League of Comilla

Victoria Government College unit. “On March 29, early in morning Shaon was taken

from home by some 15-20 RAB members along with another team of plain-clothes police

who traced my son‟s whereabouts from one Anwar detained by RAB earlier. They

entered the house forcefully and started assaulting my son and his wife with a hammer”8

Matin said. Then Matin informed the matter to the Railway Minister Muzibul Haque but

he also failed to trace my son‟s whereabouts from RAB officials.

The families of victims of enforced disappearances are refused access to the grievance

procedures whenever allegations are brought against the agents of the state. The police refuse to

register complaints. The few families are forced to modify their complaints by removing the

names of the law-enforcement agents from the list of the alleged perpetrators. The complaints are

registered only when the complainants bring allegations against “unidentified persons.” This

makes the case, one of a “missing person,” rather than a case of enforced disappearance.

As a result, seeking justice for the disappeared victims is impossible at the stage of registration

of the complaint itself, never mind the dream of credible investigation or prosecution.

Additionally, state agents systematically intimidate the relatives of the disappeared victims,

forcing families into silence.

7. Law enforcement agencies and Enforced disappearances in Bangladesh

“Law enforcement agencies are the worst violators of human rights in the country” said National

Human Rights Commission Chairman Prof Mizanur Rahman in 13 November 2014 at a

8 https://abidazad.wordpress.com/2014/08/31/many-victims-one-story-one-demand/

programme in National Press club.9 He further added that “the number of complaints of human

rights violation including enforced disappearance and extra judicial killing against law

enforcement agencies tops the list we receive.”10

Amnesty International report published that, we spoke to an array of family members, victims

and other witnesses and focused on 20 cases in our report. In all these cases, the RAB was

implicated - in some cases the evidence is overwhelming, while in others this is less so. That's

why we only talk about "possible enforced disappearances" in some cases.11

Families of victims claim that members of law enforcement agencies are making arrests and then

the victims have disappeared or their bodies are later found. Odhikar only documents allegation

of enforced disappearance where the family members or witnesses claim that the victim was

taken away by people in law enforcement uniform or by those who said they were from law

enforcement agencies.

8 .Role of civil society in response of disappearance

The civil society‟s response to the issue has to be quite spontaneous and vigorous. The members

of the civil society are expected to support the victims‟ families and exert pressure on the

government to act promptly. Over the years, the rights organisation Odhikar has persevered in

documenting individual cases of enforced disappearances. In recent months a number of public

discussions organised by Odhikar and Maulik Odhikar Surakkha Committee (the committee to

protect fundamental rights) as well as by the victim families have brought the issue of enforced

disappearances in the public domain. 30 August has been dedicated by the United Nations as the

Day of the Victims of Enforced Disappearance. To commemorate it, a convention of the victim

families against involuntary disappearance has been organised at the National Press Club by the

Maulik Odhikar Surakkha Committee.12

Odhikar has been working against enforced disappearance in Bangladesh .Odhikar demanded

that the family of those who went missing be regularly informed of the process to locate and

recover the disappearance persons , and that they should adequately be compensated for their

9 The Daily Star, 14, November 2014

10 ibid

11 www.amnesty.org/en/enforced-disappearances

12 The Daily Sun, 30 august 2014.

agonies and sufferings . 13

odhikar reiterated its call for an immediate accession to the

international convention of All Persons from Enforced Disappearance and immediately put them

in place measures that no persons made to disappear against his or her will. A joint statement

signed by Dr CR Abrar and Adhilur Rahman Khan, president and secretary of Odhikar

respectably, said the crime of disappearance can be addressed only through rigorous and

impartial enforcement law.14

Ain O Salish Kendra and National Human Rights Commissions also working in this issue and

published reports on enforced disappearance .Civil society members are really concerned about

this and sharing their views on electronic and print media.

9. Why have Bangladeshi authorities failed to improve the situation?

There are several reasons for this. When it comes to enforced disappearances, for example, the

cases we have investigated have implicated the Rapid Action Battalion (RAB), a special police

force with close links to the army. Many of the RAB commanders are officers seconded from the

army. However, given that the army is politically a very influential institution in Bangladesh, the

government may not feel they are able to take it on and challenge it on the human rights

violations committed by these officers.

As far as torture is concerned, there is simply an almost complete lack of political will. Over the

years, Bangladesh has passed several laws, many quite progressive, criminalizing or otherwise

banning torture. However, the laws have amounted to little more than paper promises. Torture is

still widely used by security forces, and those responsible are rarely prosecuted.

13

Available at

http://www.daily-sun.com/details_yes_30-08-2011_Investigate-all-incidents-of-disappearance_327_1_10_1_8.html

14

ibid

10. Recommendation to government

Immediately release anyone subjected to an enforced disappearance, unless they can be

charged with a recognizably criminal offence, in which case immediately present them

before a court.

Ensure their safety and well-being while they are in custody.

Investigate the perpetrators, taking into account command responsibility.

Bring to justice in a fair trial those found to be responsible.

Ensure that the current investigation into the involvement of RAB officers in the enforced

disappearance and murder of seven people in Narayanganj in April 2014 is carried out

thoroughly and rigorously and those found responsible are brought to justice regardless of

their rank or status.

Ensure that complainants, witnesses and others at risk are protected from intimidation

and reprisals.

The Government has to explain all incidents of enforced disappearances and

Killings allegedly perpetrated by men claiming to be Detective Branch police and RAB.

The Government must bring the members of the security forces

who are involved in the incidents of enforced disappearance and killing to Justice.

government should accede to the International Convention for the Protection of All

Persons from Enforced Disappearance, adopted by the UN on December 20, 2006

11. Conclusion

We believe that it is the state‟s responsibility to provide safety and security to its citizens rather

than be in denial, virtually giving indulgence to possible abuse of power by those who are

supposed to protect citizens. Demands should also be made to sign and ratify the International

Convention for the Protection of All Persons from Enforced Disappearance. Enforced

disappearances cannot be permitted in a civilized society. Our record in this particular area is

quite embarrassing. The rule of law is the first casualty.