Enforced disappearances: Confusion over scope of investigations

Perhaps the boldest and most important step taken by the interim government formed after the student-people's uprising, is the formation of a commission to investigate the enforced disappearances carried out by the law enforcement agencies during the rule of the Awami League government.

The hundreds of families who have been undergoing unbearable mental agony and sufferings over the past one and a half decades, now have hope that the state will be able to provide then with an answer.

This is a vital step to establish the rule of law and democracy in the country, but certain questions linger.

The circular issued by the cabinet division on Tuesday regarding the five-member committee headed by retired justice Mainul Islam Chowdhury, stated that it was in keeping with the Commissions of Inquiry Act 1956. The good side of this commission being formed under this act is that its power is similar to that of the court.

This commission will be able to summon any one and ensure that they come before them, and their deposition or interrogation will be under oath. The commission can ask for any documents and scrutinise these. They will ask for affidavits with evidence and can go anywhere to examine evidence or documents. So the commission can investigate any allegations as in-depth as needed.

But the wording of the circular has created a degree of trepidation. It states that this commission has been tasked with finding the persons who have been victims of enforced disappearance carried out by any members of the police, Rapid Action Battalion (RAB), Border Guard Bangladesh, Criminal Investigation Department (CID), Special Branch, Detective Branch, Ansar Battalion, National Security Intelligence (NSI), defence forces, Directorate General Forces Intelligence (DGFI), Coast Guard and other law implementing and enforcing agencies of the country.

It is hard to believe that this is a clerical error.

At the same time, we also do not want to believe that any cunning bureaucrat intentionally created this error to create confusion about the commission's work.

The objective of those who demanded the investigations was for the commission to uncover the truth, to identify the guilty and ensure accountability, and by means of the commission's actions, it will be possible to get back those who are still missing and in custody of any agency. But the circular just mentioned locating the missing persons, which basically is the police's job.

The circular has no mention of identifying and bringing to account those involved in enforced disappearance, which is a crime against humanity. This error in the circular must be fixed immediately.

A second error in this initiative for investigation is the timespan fixed for this task -- only 45 days. In Human Rights Watch's 2021 report "Where No Sun Can Enter", it stated that they had found information on 600 victims of enforced disappearance. Then Odhikar drew up a list of 699 persons. Then the US imposed sanctions on RAB, after which the number of enforced disappearances and extrajudicial killings miraculously dropped.

But after that short-term enforced disappearances began. It was alleged that the police's detective branch and counter-terrorism unit started the illegal practice of picking up persons from their homes or from the road on grounds of suspicion, keeping them in an unidentified location for a few days to weeks and then showing them to be arrested at a later date. Another agency was accused of the same. Human rights activists have records of at least 200 such short-term enforced disappearances.

In short, there are allegations of around 900 enforced disappearances. This is not one crime, but 900 separate crimes, each with different features. The inquiry commission has the right to speak to each and every victim or members of their families and they must be given that opportunity.

Even if three hours are allocated for each allegation, then simply taking the depositions of the victims and interrogating the suspects will take 2700 working hours or around 338 days (8 working hours per day) in total. Then there is the matter of recovering and scrutinising documents and preparing the report. How can this mammoth task be accomplished in 45 days? It takes at least one to two years to carry out such investigations.

Such investigation requires the specialised expertise of criminal law expert lawyers and criminal investigation expertise. It will be necessary to form such a team to assist the commission.

That is why Human Rights Watch very rightly called upon Bangladesh to take assistance from international experts through the United Nations. The government also spoke of welcoming UN support. Organising international expert help also takes time and one cannot deny the need for additional time in the interests of investigations.

Given this reality, I feel it is essential to revise the erroneous circular and the commission's scope of work as well as extend the timeframe for the task as soon as possible.

A notice must also be issued for all agencies and organisations of the government, that  destroying or removing any records or evidence connected to enforced disappearance will be considered a punishable offence.

The initiative to bring to justice the heinous crime of enforced disappearance must not fail. No smokescreen must be created as in the case of past inquiry commissions. Steps must be taken to ensure this.

From past experience we feel that the easy way to cover up any crime is to hurriedly announce an inquiry committee and then use delay tactics so that the matter gradually fades from people's memories.      

* Kamal Ahmed is a senior journalist

* This column appeared in the print and online edition of Prothom Alo and has been rewritten for the English edition by Ayesha Kabir