Government Reactions, and Constitutional Commitments

Since the increased incidents of enforced disappearances in 2011, human rights groups have been alleging that law enforcement agencies are involved, and they demanded independent investigation into these incidents. The government not only rejected any suggestions of the involvement of law enforcement agencies, but also has shown no interest in investigating these disappearances. Instead, messages from government officials tend to undermine the gravity of the situation. In 2017, Home Minister claimed that some people disappear willingly to embarrass law enforcers (The Financial Express 2017). The police chief insisted that disappearances have been taking place since the British colonial period (Hussain 2017), and Prime Minister Sheikh Hasina conflated missing persons with enforced disappearances saying that enforced disappearances take place in Britain and in the United States (bdnews24 2017). In 2019, in a meeting of the UN Committee Against Torture, Law Minister Anisul Huq flatly denied any incidents of enforced disappearance saying, “We do not agree to the proposition that enforced disappearances occur in Bangladesh frequently” (Gaanguly 2019). However, it is evident that the government is aware of the incidents of such enforced disappearance. In an interview with the German international broadcaster Deutsche Welle on February 10, 2021 Gowher Rizvi, Prime Minister Sheikh Hasina’s foreign affairs advisor, acknowledged saying ‘I will not deny that there have been instances of some disappearances.’ (DW 2021). Yet, denials have been continued even after US sanctions were imposed in December 2021. On February 5, 2022, Foreign Minister M A Momen said, ‘allegation of disappearance is raised to realize interests by putting pressure on the government’ (The Business Standard 2022).

Denials are politically convenient for the incumbent, but incidents of enforced disappearances betray the spirit and letter of the Bangladesh Constitution. Articles 27, 31, 32 and 33 (1) provide protection of life, liberty to the citizens and promise due process to every individual:

27. All citizens are equal before law and are entitled to equal protection of law.

31. 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 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.

32. No person shall be deprived of life or personal liberty save in accordance with law.

33 (1) No person who is arrested shall be detained in custody without being informed, as soon as may be of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.

Enforced disappearance is also a violation of Articles 9 and 16 of the Declaration on the Protection of all Persons from Enforced Disappearance of 1992 (UN 1992). Bangladesh is not a signatory to the 1992 UN Convention and there is no law in Bangladesh specifically addressing the enforced disappearances. These serve as excuses for the government’s inaction and allow them to brush aside any allegations of their involvement or complicity.