State Responsibilities and the Combatting Against Forced Disappearance in Bangladesh: Institutional and Legal Challenges

Abdul Malek

https://doi.org/10.62271/pjc.16.4.1407.1422

Abstract

Enforced disappearances in Bangladesh have remained a severe human rights issue since the mid-2000s, involving the abduction and secret detention of individuals—commonly political opponents, journalists, or activists—by state or state-affiliated actors. Despite international condemnation, particularly targeting the Rapid Action Battalion (RAB) and other security forces, these practices persist under the pretext of combating crime, terrorism, or dissent. Victims’ families face profound hardship and uncertainty, exacerbated by a weak legal framework that fails to protect against arbitrary detention. Laws like the Special Powers Act (1974) worsen the situation by allowing prolonged detention with minimal oversight. International organizations, including Human Rights Watch and Amnesty International, consistently call for thorough investigations, accountability, and structural reforms. As a signatory to the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), Bangladesh is obligated to strengthen legal protections, ensure transparent investigations, and uphold judicial integrity. This paper critically examines the causes, consequences, and systemic factors enabling enforced disappearances, focusing on the legal and socio political environment that fosters impunity. It also explores actionable policy reforms and pathways for justice to safeguard fundamental rights and restore the rule of law in Bangladesh.

Keywords: Enforced disappearance, human rights, victim, arbitrary detention, law enforcement agent.