After facing the tragedy of enforced disappearances, many nations have implemented legal and institutional changes to prevent the recurrence of such crimes. Among these, a crucial step is to criminalize enforced disappearance as a separate offense and entrust the investigation of such cases to an independent and impartial entity rather than relying on law enforcement agencies directly.
For instance, in Argentina, allegations of enforced disappearance and other human rights violations involving the police, military, or other forces are probed by the National Public Prosecution Service. The Public Prosecutor’s Office, established as an autonomous institution under Article 120 of the country’s constitution, operates independently with functional and financial autonomy, functioning as a distinct entity from the executive, legislative, and judicial branches. Similarly, in Chile, investigations into allegations of enforced disappearances and serious crimes against law enforcement agencies are conducted by the Public Prosecutor’s Office, an autonomous body established through a constitutional reform in 1997 and not under the authority of the executive branch. In Colombia, allegations of enforced disappearance and other serious offenses involving state forces are typically investigated by the Attorney General’s Office, which, while part of the judicial branch under the 1991 constitution, enjoys administrative and budgetary independence.
In Kenya, allegations of enforced disappearance, extrajudicial killings, torture, and other severe human rights violations by police officers are looked into by the Independent Policing Oversight Authority (IPOA). Established under the Independent Policing Oversight Authority Act, 2011, IPOA is a statutory institution separate from Kenya’s police service. It has the power to receive complaints, conduct independent investigations, summon witnesses, gather evidence, and refer cases to the director of public prosecutions when there is sufficient evidence of criminal wrongdoing.
In Sri Lanka, complaints of enforced disappearance against the police, military, or any state agency fall under the jurisdiction of the Office on Missing Persons (OMP). Established under the Office on Missing Persons Act, 2016, the OMP is a permanent and independent state institution operating autonomously from law enforcement agencies. It is empowered to receive complaints, initiate inquiries independently, summon witnesses, request documents, and obtain information from government entities.
The UN Working Group on Enforced or Involuntary Disappearances emphasizes the necessity of independent institutions responsible for investigating and prosecuting enforced disappearance cases to uphold victims’ rights. Based on its global experiences, the working group asserts that the lack of autonomy, impartiality, and independence in investigative bodies poses a significant obstacle to effectively addressing enforced disappearances.
Contrary to global trends, Bangladesh, which has witnessed widespread enforced disappearances under previous administrations, is shifting towards assigning the investigation of disappearance cases to the regular police force instead of an independent institution.
The cabinet of the BNP-led government recently approved the draft Enforced Disappearance Prevention and Redress Act, 2026, which mandates police to investigate disappearance cases. In contrast, a previous ordinance, later repealed, entrusted the National Human Rights Commission (NHRC) with investigating enforced disappearances. The draft NHRC Act, 2026, approved by the cabinet, places the commission’s investigative powers under government or force heads’ reports, potentially compromising its independence. Moreover, concerns are raised regarding the selection committee for NHRC members, which could subject the human rights watchdog to government control.
Independent investigations are not only crucial for enforced disappearances but also for addressing serious offenses by law enforcement and security agencies. The “Blue Wall of Silence,” an unwritten code where law enforcement members shield colleagues’ wrongdoing, highlights the need for external oversight to prevent suppression of cases.
Numerous countries have established independent civilian oversight mechanisms to investigate serious allegations against police forces, such as the Independent Office for Police Conduct in the UK, the Garda Síochána Ombudsman Commission in Ireland, and the Civilian Review and Complaints Commission in Canada.
While the mandates of these oversight bodies vary, their common goal is to ensure independent civilian accountability rather than allowing accused forces to investigate themselves. Establishing independent investigative agencies, supported by a robust legal framework, political commitment, financial resources, competent personnel, and inter-agency cooperation, is crucial for accountability and ending impunity.
Bangladesh should align with global practices by entrusting the investigation of enforced disappearances and other serious allegations against law enforcement agencies to genuinely independent institutions, ensuring transparency and accountability.
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