Detention beyond 24 hours without arrest to count as ‘enforced disappearance’: Chief Prosecutor
Chief Prosecutor of the International Crimes Tribunal (ICT) Md Aminul Islam on Monday said keeping a person in secret detention for more than 24 hours without formally showing them as arrested or allowing access to legal protection would be treated as an enforced disappearance.
Speaking to reporters at his office, Aminul described the newly passed Prevention and Remedy of Enforced Disappearance Act, 2026 as a “milestone,” saying it would provide a specific legal framework for dealing with such cases.
“If someone is secretly detained without legal assistance for more than 24 hours after arrest, that period will be considered a disappearance,” he said.
Aminul said there would be no inconsistency between the new law and proceedings before the ICT, where cases involving alleged enforced disappearances are already being prosecuted.
He said every allegation would first have to be examined on its facts.
“All reports of enforced disappearances will be scrutinised before a decision is made,” he said.
The new law defines enforced disappearance as deprivation of liberty by a government employee or member of a disciplined force, acting officially or with state authorisation, support or consent, followed by denial of the detention or concealment of the person's whereabouts, condition or fate in a way that deprives them of legal protection.
It makes enforced disappearance a cognisable, non-bailable and non-compoundable offence.
The law provides for life imprisonment for enforced disappearance. If a victim dies or remains untraced for more than five years, an offender may face the death penalty or life imprisonment, along with a fine of up to one crore taka. Courts will also be empowered to issue search warrants to locate disappeared people.
Aminul has previously said alleged disappearances under the former government were being examined as possible crimes against humanity because investigators found similarities across individual cases and recurring involvement of the same people.
He said 251 victims of enforced disappearance had still not returned.
Separately, Aminul said former Prime Minister Sheikh Hasina, who was sentenced to death in 2025, had not appealed within the stipulated 30-day period and therefore no longer had the opportunity to file an appeal.
His remarks came a day after parliament passed three major bills covering enforced disappearance, the National Human Rights Commission and property transfers.
The disappearance law was passed on Sunday alongside the National Human Rights Commission Bill, 2026 and the Transfer of Property (Amendment) Bill, 2026.
Opposition lawmakers walked out before the disappearance and NHRC bills were passed, arguing that the legislation was weaker than ordinances introduced under the previous interim government.