Effective Steps Will Be Taken So Disappearances Never Recur, Home Minister Tells Victims' Families

Home Minister Salahuddin Ahmed has said effective measures will be taken so that enforced disappearances, extrajudicial killings and political persecution never happen again in the country. He said families of the disappeared had presented their wait for loved ones to return, their experiences of torture, and demands for justice and rehabilitation, and that the special committee on constitutional amendment had listened to them with seriousness and would take the necessary steps to implement their appeals properly.

The home minister, who chairs the special committee on constitutional amendment of the 13th Jatiya Sangsad, made the remarks while briefing journalists at the parliament's media centre on Wednesday (28 October) after the committee's ninth meeting in the cabinet room of the Jatiya Sangsad Bhaban.

Salahuddin Ahmed said families of those subjected to disappearance, killing and torture over the past 17 years under the Awami League government, relatives of the still-missing, and representatives of those who returned had been invited to the meeting. The Ministry of Liberation War Affairs and organisations including 'Mayer Dak' helped ensure representative participation of 48 people.

He said the families of those who have not returned include wives, children and parents. Committee members were deeply saddened hearing of their emotion, pain and long wait; many speakers could not finish for emotion.

The families' main demands, he said, are that no one is ever disappeared again, that cases filed over disappearances get speedy and fair trials, and that support and rehabilitation are arranged for the families of the long-missing. They also raised state recognition for the disappeared.

He said the Enforced Disappearance Prevention and Remedies Act provides for compensation to victims. There are two mechanisms: on court orders, the property of those responsible can be confiscated and sold to compensate the victim's family; and if the responsible person has no assets, or compensation cannot be paid from them, the state will pay compensation.

The home minister said the law also provides for the care and management of the property of the long-missing, which can be managed with the court's permission.

He said: 'We want such a time never to return to Bangladesh. Let the evil culture and crime of disappearance end forever. Let there never again be extrajudicial killings, disappearances or political persecution in this country. Let deaths in police and prison custody also stop.'

Salahuddin Ahmed said that through the July mass uprising people expressed the expectation of a Bangladesh where human rights are protected and every citizen gets justice. Matters that need to be in the constitution will be implemented through the constitution, and those that can be ensured through laws or rules through the relevant legal framework. Noting that Article 32 of the constitution protects the right to life, he said acts against that right amount to violating the constitution; the disappearance law contains detailed provisions, and if necessary further legislation to prevent such crimes will be considered.

Asked about investigating disappearance allegations, the home minister said if a crime is alleged against a law enforcement agency, the complaint will not be investigated by that agency's own branch; another force will investigate. The disappearance law sets out the investigation process, accountability and the distinction between disciplinary breaches and criminal offences. Criminal offences will be tried under existing law, while disciplinary breaches will be settled through departmental process, he said.

On constitutional amendment proposals, the home minister said the committee has received many proposals from constitutional experts, lawyers, representatives of the Supreme Court Bar Association, teachers, editors and people of various classes and professions. The proposals will be compiled and discussed in committee meetings, but no final decision has been reached yet. He said the caretaker government system must be reinstated, but proposals on its formation process, scope, timeframe and the role of any search committee or the Election Commission will be examined.

Committee members Law Minister Md Asaduzzaman, Zainul Abedin, Information and Broadcasting Minister Andalib Rahman, State Minister for Expatriates' Welfare Md Nurul Haque and State Minister for Social Welfare Farzana Sharmin attended the meeting. MPs Sanjida Islam, Humam Kader Chowdhury, Anisur Rahman and Mst Tahsina Rushdi, as family members of disappearance victims, presented their experiences, incidents of torture and being denied legal protection and justice. The secretary of the Bangladesh Jatiya Sangsad Secretariat, the law secretary and other senior officials concerned were also present.