During the Awami League government's tenure, changes have been made to the commission established to investigate incidents of disappearances allegedly involving law enforcement agencies. A new notification regarding this was issued on Sunday, canceling a previous notification from August 27, which had originally formed the commission and outlined its objectives and responsibilities.
Despite these changes, the composition of the commission remains unchanged. The five-member body, chaired by retired Justice Moinul Islam Chowdhury, includes retired Additional Justice of the High Court Division Farid Ahmed Shibli, human rights activist Noor Khan, BRAC University professor Nabila Idris, and human rights activist Sajjad Hossain. They continue to serve in the commission under the new notification.
One of the key updates in the new notification is the extension of the period for investigating disappearances. The commission is now tasked with looking into cases that occurred between January 6, 2009, and August 5, 2024, whereas the previous notification had set the period from January 1, 2010, to August 5, 2024. The government has also given the commission a three-month deadline to submit its inquiry report.
The Awami League government, which fell on August 5 following a student uprising, had faced scrutiny over allegations of extrajudicial killings, disappearances, and incidents of torture during its 15-year rule. Reports of individuals going missing after being taken by law enforcement agencies and long detentions in secret prisons were widely covered by various media outlets.
The new notification outlines the commission’s revised mandate. It is now tasked with investigating disappearances that involved the possible aid, involvement, or negligence of law enforcement, intelligence, or other government agencies. The commission’s responsibilities include identifying individuals or organizations linked to enforced disappearances, recommending legal action, and suggesting legal reforms to prevent future incidents.
The previous notification had explicitly named agencies such as the Police, Rapid Action Battalion (RAB), Border Guard Bangladesh (BGB), Criminal Investigation Department (CID), and other law enforcement bodies, assigning the commission the responsibility of tracing individuals who had disappeared at the hands of members of these organizations.
Under the new notification, the commission is also tasked with gathering information from any relevant individual, family member, or organization to determine the circumstances of disappearances between January 6, 2009, and August 5, 2024. The commission has the authority to submit detailed reports to the appropriate authorities, notify the families of missing persons, and recommend actions against those found responsible. Additionally, it can suggest legislative reforms aimed at preventing future disappearances.
The notification also grants the commission the power to visit any location within Bangladesh, summon and question any individual, and access information related to investigations carried out by other agencies. The Cabinet Department is required to provide full support to the commission, including secretarial assistance and funding. The president of the commission will be an Appellate Division judge of the Supreme Court, while other members will enjoy the status and privileges of High Court Division judges.
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