Enforced disappearances: Individual officers, not entire force, responsible, says commission chief

Moinul Islam Chowdhury, Chief Justice of the Inquiry Commission on enforced disappearances, has emphasised that the entire law enforcement force should not be viewed with suspicion due to the actions of a few individuals involved in enforced disappearances.

He clarified that only the specific members of law enforcement and intelligence agencies found guilty of such crimes will be held personally accountable.

Speaking at a press conference in Gulshan, Dhaka, on Tuesday, Moinul Chowdhury stated that the commission is actively investigating allegations against certain law enforcement and intelligence officers accused of abducting ordinary citizens.

He further explained that criminals often attempt to evade justice by hiding behind their religious, social, or community identities, a tactic known as identity-based defense or community shielding.

However, he stressed that legal proceedings are based on evidence, not identity. Criminal liability is personal, and an entire community or institution cannot be blamed for an individual’s offense, he added.

The head of the commission justice Moinul Islam Chowdhury, has stated that holding those responsible for enforced disappearances accountable will help restore the reputation of law enforcement agencies.

He emphasised that no one is above the law, and criminal responsibility is personal, not collective. "Bringing the perpetrators to justice will erase the stain on the relevant forces and enhance their public image," he said.

The commission, formed under the Commissions of Inquiry Act, 1956, is conducting its investigation independently and without bias. Justice Chowdhury assured that the work of patriotic members of law enforcement will not be affected by the commission’s activities.

The commission has uncovered a secret detention centre inside Bogura Police Lines, reportedly built in the last 15 years. Investigators have also identified several other undisclosed detention centres controlled by DGFI, CTTC, and RAB in Dhaka, Bogura, Narayanganj, Rajshahi, and Chattogram.

Upon discovering these facilities, the commission inspected them and instructed authorities not to tamper with evidence. Shortly after knowing about it, the commission conducted urgent inspections of DGFI's Joint Interrogation Cell (JIC) and RAB Headquarters' Task Force Intelligence (TFI) and ordered an immediate halt to evidence destruction. On 12 February, the Chief Adviser, advisory council members, and victims’ families visited three of these sites.

So far, the commission has received 1,752 complaints, of which about 1,000 have undergone initial verification. The statements of 280 complainants and 45 law enforcement and intelligence officials have been recorded. Additionally, the fate of 330 missing persons is still under investigation.

The Commission of Inquiry on Disappearances is investigating reports of individuals being pushed into Bangladesh from India following the fall of the previous government on 5 August.

Justice Moinul Islam Chowdhury, the commission’s chief, stated that police superintendents of border districts and sector commanders of the Border Guard Bangladesh (BGB) have gathered information on 140 individuals who entered Bangladesh under these circumstances.

However, no names of abducted persons have been identified yet. The investigation is ongoing, pending further details from the Bangladesh Police and BGB.

The commission is particularly examining the case of Mohammad Rahmat Ullah from Dhamrai, Dhaka, who was allegedly pushed into Bangladesh through the Gomostapur border in Chapainawabganj on 22 December.

The commission has also requested a list of Bangladeshi citizens detained in Indian prisons. In response, the Ministry of Foreign Affairs provided a list containing the names and addresses of 1,067 Bangladeshis imprisoned in India over the past two to two and a half years.

The commission is currently analysing the data to determine if any disappeared persons are among those detained. It has been assured that additional information, if found, will be shared with the commission.

The Commission of Inquiry on Disappearances has forwarded 74 complaints related to disappearances to the Inspector General of Bangladesh Police for investigation and resolution, in accordance with Section 10A(1) and (2) of the Commission of Inquiry Act.

As part of the inquiry, interviews have already been conducted with the Inspector General of Police, the Director General of DGFI, and the Director General of the Passport Department, along with other key figures from various law enforcement agencies.

Additionally, commission members have participated in public awareness workshops, engaging with law enforcement personnel, senior government officials, victims' families, and stakeholders to educate them about the crime of enforced disappearances and the associated legal responsibilities.

The commission was established to investigate cases of forcible disappearances, identify the circumstances and individuals involved, and determine whether these disappearances occurred in known or unknown locations with the assistance, consent, or involvement of law enforcement, disciplinary forces, intelligence agencies, or any government-backed organizations.