The expression of ‘enforced disappearance’ is absent in criminal laws of Bangladesh. However,
there are penal provisions for crimes such as abduction, wrongful confinement, and grievous
hurt. In case of enforced disappearance involving support or acquiescence of the state, currently
no legal action can be directly lodged for enforced disappearance as it does not fall within the
definition of abduction. In case of enforced disappearance by non-state actors, legal proceedings
can be initiated for such incident at least as offence of abduction under the Penal Code.
Moreover, the Code of Criminal Procedure requires government authorization prior to suing a
public servant, which remains a main obstacle to hold law enforcement agencies accountable for
enforced disappearance. Thus, state actors involved in enforced disappearance currently enjoy
impunity for such a crime. Another barrier in ensuring legal accountability is the lack of
witnesses in cases of enforced disappearance. This promotes a culture of impunity and
undermines the rule of law.
The NHRC is also concerned about a new trend of deaths in custody when it is claimed that the
victim died of heart attack or in a grenade explosion while in custody of the RAB or detectives.13
Human rights violations by the Indian border security forces (BSF) is frequently reported along
the borders between Bangladesh and India. Instances of BSF shooting, killing, torturing and
abducting unarmed Bangladeshi civilians in the border constitute gross violation of human
rights. The NHRC has expressed its deep concern about the border killing and asked Indian
authorities to take measures to stop border killing.
There unfortunately continues to be a lack of accountability for such actions. NHRC views that
impunity of law enforcing agencies is also major barrier in implementation of the ICCPR. The
need to end the culture of impunity of law enforcement officials and to increase their
accountability is utmost. Stamping out extrajudicial killings and enforced disappearances is
critical for upholding the rule of law as well as ensuring the right to life. The NHRC supports
action to bring to justice all officials accused of extrajudicial killings and enforced
disappearances in a transparent way. The NHRC calls for independent and impartial
investigations into any alleged such cases.
18. Another disturbing trend is that punishment of death penalty is provided for many pretty
offences under the laws of Bangladesh, which are out of proportion to the gravity of the offence.
Such widespread prescription of death penalty as a mode of punishment is inconsistent with
international human rights standard. The Penal Code, 1860 prescribes death sentence for eight
kinds of offence. Apart from the Penal Code, death sentence has been prescribed for kidnapping
or abducting a minor under the Criminal Law Amendment Act, 1958; keeping arms under the
Arms Act, 1878, causing explosion under the Explosive Substance Act, 1908. After emergence
of Bangladesh, a large number of criminal statutes were enacted prescribing death sentences for
various crimes. The statutes that prescribe death sentence include the Special Power Act, 1974,
the Emergency Power Act, 1975; the Martial Law Regulations, 1975; the Terrorism Control Act
13
http://www.thedailystar.net/frontpage/ugc-official-dies-rab-custody-150700: The death (claimed died of heart
attack) of Omar Siraj, the University Grants Commission official who had been arrested for his alleged involvement
in leaking questions of medical college and university admission exams in RAB custody
10