Enforced Disappearance: A Crime against Humanity

Enforced disappearance is a grave human rights violation in which state agents or affiliated groups secretly abduct, detain, or arrest individuals while deliberately concealing their fate or whereabouts, thereby removing them from legal protections and exposing them to torture, extrajudicial killing, or indefinite detention without trial. Often used as a tool of repression in authoritarian regimes and conflict zones, this practice aims to instill fear, suppress dissent, and evade accountability, while inflicting deep psychological trauma on victims’ families, who endure prolonged uncertainty and helplessness. Governments frequently deny involvement, perpetuating impunity, and since the crime continues until the victim’s fate is revealed, legal obligations remain indefinitely, underscoring the urgent need for international accountability.

In a democracy that values justice and human rights, enforced disappearance is one of the most cruel and inhuman acts. This crime breaks families, weakens the rule of law, and spreads fear and impunity. It is not just a violation of civil rights but a direct assault on the foundational principles of justice, transparency, and accountability. It does more than violate civil rights—it attacks the core values of justice, transparency, and accountability. The silence around these victims is powerful. It calls out for answers, for change, and justice.

Enforced disappearance, according to international law, happens when a person is arrested, detained, or abducted by state authorities or by others acting with the state’s approval or support. After the person is taken, the authorities refuse to admit it or hide the person’s fate or location. As a result, the person is placed outside the protection of the law. This definition is found in Article 2 of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). Article 7 of the Rome Statute of the International Criminal Court also includes this act as a crime against humanity when done widely or systematically.

The United Nations Working Group on Enforced or Involuntary Disappearances (WGEID) emphasizes that such actions violate several fundamental human rights. These include the rights to liberty, security, a fair trial, and legal recognition. In many cases, they also lead to the violation of the right to life.

Enforced disappearance, though not a new phenomenon, gained global attention during the military regimes of the 1970s and 1980s in Latin America—especially in Argentina, Chile, and El Salvador—where thousands were abducted as part of state efforts to crush political dissent. Today, enforced disappearance persists in diverse forms across many regions. In China, the Residential Surveillance at a Designated Location (RSDL) mechanism allows secret detention without due process, often targeting human rights activists. In Syria, tens of thousands have been subject to enforced disappearance since the civil war began. Egypt uses disappearance to silence opposition, particularly after the 2013 military coup. In South Asia, countries like Sri Lanka, Myanmar, and Pakistan have long faced accusations of using disappearances in counterinsurgency. India, too, has documented cases in Jammu and Kashmir, Punjab, and the Northeast, with reports of extrajudicial killings and secret burials. Yet, India has not ratified the ICPPED or criminalized enforced disappearance in its legal framework, making remedies for such cases elusive. Meanwhile, in Mexico, the phenomenon is exacerbated by collusion between state forces and organized crime. These examples reflect a troubling global trend: enforced disappearance remains a tool of repression, often beyond the reach of justice.

In response to the growing concern over enforced disappearances, the United Nations established the Working Group on Enforced or Involuntary Disappearances (WGEID) in 1980, and later adopted the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) in 2006. The Convention, which recognizes systematic disappearance as a crime against humanity, serves as the cornerstone of the international legal response, defining enforced disappearance and outlining state obligations to criminalize the act, investigate all allegations, prosecute perpetrators, and provide reparations to victims. As of mid-2025, many countries have ratified the Convention. However, China and India have yet to sign it, while Russia and the United States have signed but not ratified the Convention.

There are other relevant international legal instruments. The Rome Statute of the International Criminal Court classifies enforced disappearance as a crime against humanity when committed as part of a widespread or systematic attack against a civilian population. The Convention against Torture (CAT) is also applicable, as it addresses the mistreatment and suffering often endured by disappeared persons, including acts of torture and inhumane treatment. Additionally, the International Covenant on Civil and Political Rights (ICCPR) protects individuals from arbitrary arrest and detention. It upholds the right to recognition as a person before the law, all of which are violated in cases of enforced disappearance. Despite the existence of robust legal frameworks, implementation remains inconsistent, often hindered by a lack of political will, judicial independence, and institutional capacity. Enforced disappearances continue to occur worldwide, with over 46,000 unresolved cases reported as of 2024. The actual number is likely much higher due to widespread underreporting and fear of retaliation.

In Bangladesh, allegations of enforced disappearance have surfaced with increasing frequency, particularly in the last two decades.  The victims are often taken by plainclothes individuals claiming to be law enforcement officers, and later, no official records of their arrest are found. Moreover, many cases of enforced disappearance have been documented by civil society groups, human rights defenders, and investigative journalists, national as well as international organizations like Odhikar, Human Rights Watch, Amnesty International, and the UN Human Rights Council. These organizations have reported cases involving opposition political activists, students, journalists, and others perceived as dissenting voices. While the government has often denied involvement or labelled the victims as simply “missing,” it has consistently failed to carry out credible investigations or provide answers. Despite these challenges, those working on the ground have played a vital role in documenting abuses and keeping the issue in public focus. International bodies have repeatedly called on Bangladesh and other countries to investigate these allegations and hold those responsible accountable, emphasizing that a democracy cannot survive if its citizens live in fear of vanishing without a trace.

“Mayer Daak” (Mothers’ Call) is a platform founded by the families—especially mothers—of victims of enforced disappearance in Bangladesh, who seek truth, justice, and the safe return of their loved ones. Formed in response to a growing number of disappearances since the early 2010s, the organization gives voice to the anguish, agonies, and resilience of those left behind, often staging peaceful protests, vigils, and press conferences to raise awareness both nationally and internationally. Despite facing intimidation and social stigma, members of Mayer Daak continue to advocate for accountability, calling on the government and human rights bodies to acknowledge the cases, investigate transparently, and ensure justice. Their struggle symbolizes a broader demand for human rights and state responsibility in Bangladesh’s democratic journey.

Similarly, Bangladesh’s Universal Periodic Review (UPR) at the UN has repeatedly raised concerns about disappearances, prompting calls for stronger legal protections and cooperation with international human rights mechanisms. Diplomatic engagement and international scrutiny can provide both pressure and support for domestic reforms.

Against this background, the interim government formed a five-member inquiry commission tasked with identifying and locating individuals who were forcibly disappeared by various intelligence and law enforcement agencies between January 1, 2010, and August 5, 2024.

The recently released second interim report by the Commission of Inquiry on Enforced Disappearances unveils a deeply troubling reality. The Commission’s 2025 interim report, “Unfolding the Truth: A Structural Diagnosis of Enforced Disappearance in Bangladesh,” presents strong evidence of systematic state involvement in enforced disappearances, torture, and extrajudicial executions, with victims consistently identifying security agencies as key perpetrators. The report highlights the role of the Bangladesh police, especially the Detective Branch, in politically motivated abductions and custodial torture, violating both domestic laws like the Torture and Custodial Death (Prevention) Act, 2013, and international human rights standards. It documents the Rapid Action Battalion’s (RAB) evolution into a force of political repression, with detainees often tortured in the TFI Cell—abuses that prompted U.S. sanctions in 2021. The Counter Terrorism and Transnational Crime (CTTC) unit is also implicated in fabricating charges and arbitrarily detaining political opponents and dissenting voices. Alarmingly, intelligence agencies such as DGFI and NSI—despite lacking formal arrest powers—were involved in enforced disappearances, operating secret detention sites like Aynaghor, thus dangerously blurring the lines between intelligence gathering and coercive law enforcement.

One of the key challenges in ensuring justice for victims of enforced disappearance in Bangladesh is the absence of a specific legal framework that defines and criminalizes the act, despite constitutional guarantees of fundamental rights such as life, liberty, and protection from arbitrary arrest and torture. While Articles 32, 33, and 35 of the Constitution provide for these rights, their enforcement remains inadequate in the absence of targeted legislation addressing enforced disappearance. This legal void hinders proper investigation, prosecution, and accountability, leaving victims and their families without meaningful avenues for justice or redress.

Furthermore, there is a lack of institutional independence in investigating such cases. Complaints are often dismissed without proper inquiry, and there are few examples of state officials being held accountable. Without effective oversight mechanisms, such as independent police complaint commissions and judicial activism, the system risks becoming complicit in shielding perpetrators.

A central finding of the Commission’s report is the near-total absence of legal consequences for perpetrators. The Torture and Custodial Death (Prevention) Act, though a significant legislative milestone, remains underutilized. Prosecutions are rare, and internal disciplinary mechanisms within the police and military have failed to deliver justice. This climate of impunity has fostered further violations.

However, Bangladesh has become a state party to the International Covenant on Civil and Political Rights (ICCPR), which obligates it to prevent arbitrary detention and protect the right to life. Bangladesh acceded to the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) on 29 August 2024, when Chief Adviser Professor Muhammad Yunus signed the instrument of accession. The instrument was formally deposited with the UN Secretary-General on 30 August 2024, coinciding with the International Day of Victims of Enforced Disappearance, making Bangladesh the 76th State Party to the Convention. The treaty entered into force for Bangladesh on 29 September 2024, thirty days after the deposit, thereby binding the country under international law to prevent and address enforced disappearances.

In compliance with the instrument, the interim government has drafted an ordinance in this regard. The proposed Enforced Disappearance Prevention and Redress Ordinance 2025 may foster an institutional framework for addressing such cases from a legal perspective. It also marks a significant step toward addressing the long-standing issue of state-sponsored enforced disappearances in Bangladesh. This legislation explicitly defines enforced disappearance in line with international human rights standards, categorizing it as a serious criminal offense punishable by a minimum of 10 years’ imprisonment or life in prison, depending on the severity, along with fines up to Tk 50 lakh for government officials and Tk 1 crore for other perpetrators. The ordinance mandates the immediate registration of all detentions, prohibits secret custody, and guarantees access to legal counsel and family contact within 24 hours of arrest.

The Ordinance establishes an Independent Commission of Inquiry with the authority to summon witnesses, investigate allegations, and recommend prosecutions, while also enabling trials in absentia for those who evade justice. Victims’ families will receive state-sponsored legal aid, psychological support, and compensation. Special tribunals are to be set up at the district level within 60 days of the law’s enactment. Importantly, the ordinance overrides existing legal protections for security and intelligence agencies, holding all individuals, regardless of rank, criminally liable for participation in or concealment of such acts. It also declares these crimes cognisable, non-bailable, and non-compoundable, and rejects any defence based on emergency, war, or superior orders. Speaking at a stakeholder meeting in Dhaka, Law Adviser Prof. Asif Nazrul emphasized that enforced disappearance is a graver offense than murder and affirmed the government’s commitment to ensuring justice and preventing future authoritarian abuses.

The trauma inflicted by enforced disappearance extends far beyond the individual victim. Families are left in an agonizing state of uncertainty, unsure whether to mourn or hope. The psychological toll—often termed “ambiguous loss”—leaves loved ones in a paralyzing emotional limbo. Many families endure financial ruin while searching for the disappeared, pursuing legal remedies, or sustaining prolonged public campaigns for justice.

Beyond the personal tragedies, there are societal costs as well. Fear of repression leads to self-censorship, weakens democratic participation, and erodes trust in public institutions. When citizens believe that they can be targeted without consequence, they are less likely to express dissent, engage in activism, or hold authorities accountable.

This is not merely an institutional failure; it is a constitutional catastrophe. These agencies—created to serve and protect—have morphed, in many cases, into instruments of repression, fear, and extrajudicial control. To prevent further violations, Bangladesh must urgently pursue comprehensive institutional reforms, enforce legal accountability, and dismantle the entrenched culture of impunity that has enabled such abuses to persist. Effectively addressing the issue of enforced disappearances requires a multi-pronged approach:

Ensure Independent Investigations: To uphold the spirit of the ICPPED, it is essential to establish independent and impartial investigative bodies that are free from political or institutional interference. These bodies should be equipped with adequate resources, legal authority, and professional capacity to investigate allegations of enforced disappearance effectively. Investigations must be prompt, transparent, and capable of holding perpetrators accountable, regardless of their position or affiliation. Additionally, mechanisms must be in place to protect whistleblowers, complainants, witnesses, and family members of victims from intimidation, harassment, or retaliation. This includes the enactment and enforcement of robust whistleblower protection laws and the creation of secure channels for reporting abuses.

Support Victims and Families: The government, in collaboration with civil society organizations and human rights defenders, must ensure comprehensive support for victims of enforced disappearance and their families. This support should include access to legal aid services to pursue justice and seek remedies through national or international mechanisms. Psychological and psychosocial counselling must also be made available to address the trauma experienced by both the disappeared and their families. Furthermore, the state should establish a reparation framework that includes financial compensation, public acknowledgment of wrongdoing, and guarantees of non-repetition. Creating centralized databases and mechanisms to trace the fate and whereabouts of disappeared persons can also assist in addressing the needs of affected families.

Strengthen Rule of Law Institutions: Preventing enforced disappearances and ensuring justice requires the strengthening of core institutions that uphold the rule of law. Comprehensive police reform is necessary to ensure accountability, transparency, and community-oriented policing practices. Protecting judges from political influence, ensuring fair appointment processes, and improving the efficiency and impartiality of court proceedings must safeguard judicial independence. Additionally, national human rights institutions—such as the National Human Rights Commission—must be revitalized and empowered with genuine autonomy, investigative authority, and public trust. Together, these reforms are critical to restoring confidence in the justice system and ensuring that citizens can seek protection and redress through lawful means.

Oversight and International Engagement: To ensure accountability and uphold human rights, Bangladesh should establish a Parliamentary Human Rights Committee with investigative powers and representation from civil society and legal experts. Civil society participation must be strengthened by allowing NGOs, human rights defenders, and independent media to operate freely in documenting and challenging abuses. Additionally, Bangladesh should fully cooperate with United Nations mechanisms by granting access to UN Special Rapporteurs and working groups to investigate alleged human rights violations.

Training Security Forces to Prevent Disappearances: It is also strongly recommended that all police officers, as well as members of other security and paramilitary forces, receive comprehensive training during the initial stages of their careers that clearly defines enforced disappearance as a serious human rights violation and a crime against humanity. This training should be part of their basic curriculum and emphasize the legal, ethical, and moral responsibilities of law enforcement personnel. It is essential that they understand that involvement—whether through direct action, complicity, or silence—in any act of enforced disappearance may lead to legal consequences, including prosecution in a court of law, regardless of rank or time elapsed. Instilling this awareness early in their careers will help build a culture of accountability and respect for human rights within the security sector.

Enforced disappearance is a grave human rights violation that destroys lives, shatters families, and undermines the very fabric of democracy. In the face of denial and silence, every responsible citizen, journalist, lawyer, policymaker, and human rights defender has to speak out and demand action. A country cannot claim to uphold justice when its citizens can vanish without explanation or accountability. The time for reform is now—before more lives are lost to the shadows of silence.

Dr. Md. Motiar Rahman, ndc.

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