Home Minister Salahuddin Ahmed has said there is no need to introduce new provisions in the constitution to prevent enforced disappearances, noting that Article 32 already guarantees the right to life and that legislation has been enacted to prevent and address such cases.
“Article 32 of the Constitution recognises the right to life. Laws have already been enacted to prevent and address enforced disappearances. However, the necessary legal measures must be ensured to prevent anyone from becoming a victim of enforced disappearance in the future,” he said.
He made the remarks at a press briefing at the parliament’s media centre on Wednesday, following a meeting of the Special Committee on Constitutional Amendments in the cabinet room of the National Parliament. Salahuddin chairs the committee.
The minister said relatives of victims and representatives of people who had returned after being forcibly disappeared were invited to share their experiences and concerns with the committee.
He said the families and representatives had a common demand: ensuring that no one is subjected to enforced disappearance in the future.
According to Salahuddin, the committee invited family members of people who were subjected to enforced disappearance, killing and torture during the Awami League government’s 17-year tenure, as well as representatives of those who had returned after disappearing. The Liberation War Affairs Ministry, Mayer Daak and several other organisations helped prepare a list of 48 representatives, he added.
The families included wives, children and parents of people who remain missing, the minister said. Committee members listened attentively as relatives called for speedy and fair trials, efforts to locate missing people, official recognition of their families and rehabilitation.
Some relatives were too emotional to finish speaking, he added.
Referring to Article 32, Salahuddin said those responsible for enforced disappearances had violated the constitution. He said further legislation could be enacted if necessary.
Law provides for compensation
On compensation for victims and their families, the minister said the existing law on the prevention of and remedies for enforced disappearance provides for compensation.
Under the law, he said, compensation may be paid through the seizure and sale of the assets of those found responsible, subject to a court order. If the accused have no assets or compensation cannot be recovered from them, the state can provide compensation, he added.
Salahuddin said the law also provides for independent investigations. If a particular force or law enforcement agency is accused of enforced disappearance, the same force or agency will not investigate the allegation; another force will conduct the inquiry.
The law contains separate provisions for investigation and accountability, as well as disciplinary action and criminal proceedings, he said.
Minister denies abuses under current government
Asked about allegations of enforced disappearances and extrajudicial killings under the current government, Salahuddin said no such incidents had occurred during its eight months in office.
“Has there been any crossfire? Any extrajudicial killing? Any custodial death? Has anyone been subjected to enforced disappearance? Not a single one,” he said.
The committee chair said the government had investigated one allegation and had also invited international human rights organisations to conduct an independent inquiry.
Asked about the inspector general of police’s use of the term “crossfire”, Salahuddin said the wording might have been careless while referring to strict enforcement of the law. However, he said he had already made it clear that such terminology was inappropriate.
The minister said the committee would recommend incorporating into the constitution matters that require constitutional recognition, while issues that could be addressed through legislation or regulations would be dealt with accordingly.