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.
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