Enforced disappearances’ victims faced systematic justice denial: Report

Jago News Desk Published: 20 January 2025, 06:35 PM
Enforced disappearances’ victims faced systematic justice denial: Report
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Victims of enforced disappearances have endured a systematic denial of justice and deprivation of their essential rights, according to a report by the Commission of Inquiry on Enforced Disappearances. The report, partially shared with the media on Monday, reveals that authorities repeatedly obstructed efforts to locate and recover missing persons, showing little to no intention to investigate the allegations or uncover the truth.

Law enforcement agencies often refused to register complaints or conduct proper investigations, justifying their inaction with claims of “orders from above.” In many cases, disappearances were dismissed with baseless explanations, such as victims allegedly going into hiding to evade creditors or due to personal matters. When victims reappeared, they were frequently subjected to further injustice, often facing fabricated charges, including under the Anti-Terrorism Act, 2009.

The Commission identified a significantly higher number of male victims compared to female victims. This disparity is partly due to the higher rate of male disappearances, while many female victims are hesitant to come forward due to fears of social stigma. However, several courageous female victims have shared their experiences with the Commission. Their accounts of abduction, torture during detention, and subsequent legal challenges mirror those of male victims.

One of the most shocking findings was the discovery of multiple verified cases in which women were disappeared along with their children. One female victim, interviewed by the Commission, was detained for a month while pregnant, with her three-year-old and 18-month-old children incarcerated alongside her. She reported being beaten by a male officer despite being pregnant.

The report also details the severe impact on victims' families, who face a range of challenges, from psychological trauma to financial and legal difficulties. Family members are often subjected to surveillance, intimidation, and threats by law enforcement and intelligence agencies. Despite persistent efforts to cooperate and provide necessary information to locate their loved ones, these families endure continuous pressure and fear. In many cases, they demonstrate immense bravery by advocating for the rights of the disappeared.

Victims’ families often face social stigma. Children struggle to gain admission to educational institutions, and families may have difficulty finding housing, as landlords are often reluctant to become involved in potentially criminal cases. Additionally, the Awami League has engaged in smear campaigns against the families, including online character assassination, which has had significant real-world consequences. One mother tearfully described how, after her son was forcibly disappeared and labeled a terrorist, her neighbors stopped making eye contact with her. When he was later shown to be arrested in a criminal case and sent to prison, she recounted her suffering: she would avoid drinking water during prison visits, knowing she would have no access to a bathroom until she returned home.

Under Prime Minister Sheikh Hasina’s rule, a culture of impunity became entrenched within the security forces. Conversations with civil and military officers revealed that most never expected to be held accountable for their actions and did not perceive their actions as crimes. Enforced disappearances of individuals accused of terrorism were often dismissed as insignificant and not worthy of investigation. Similarly, custodial torture was described as routine, seen as essential to combating crime.

This culture of impunity has deeply affected the nation, particularly the victims of enforced disappearances and related crimes. However, it has also harmed members of the security forces themselves. To maintain and protect this culture, they have acted against their own self-interest.

The Commission also noted evidence manipulation following changes made to the Directorate General of Forces Intelligence (DGFI) headquarters after August 5, 2024. Alterations to the Joint Interrogation Center (JIC), including painting over walls where prisoners had carved out their details, suggest an attempt to conceal evidence. The Commission found fresh paint on the walls during their inspection, indicating that these modifications were carried out shortly before their visit.

While the then Director General of DGFI argued that he was not directly involved in crimes committed before his tenure, his immediate response to manipulate evidence highlights the coercive nature of this culture of impunity. This manipulation of evidence was not limited to the DGFI; across various security forces, evidence of crimes spanning over 15 years has been systematically altered. This suggests a deliberate effort to shield perpetrators and protect a culture of impunity, with even those not directly involved in the original offenses participating in its perpetuation.