Enforced disappearances: Justice must be done

The darkest chapters in a nation's history are often written not by foreign enemies but by its own ruling forces. In Bangladesh, the scourge of enforced disappearances under the previous Awami League regime has emerged as one such shameful chapter   -- a terrifying manifestation of state-sponsored violence, abuse of power, and the collapse of democratic accountability. Today, as the nation stands at a critical juncture in its political transition, the demand for justice is louder and more urgent than ever. And justice delayed in this case, as history repeatedly warns us, would be justice denied -- not just for victims, but for the very soul of the Republic.

Soon after the fall of the Awami League government on 5 August 2024, the interim government acted with commendable resolve by forming the Commission of Enquiry on Enforced Disappearance. That commission recently submitted its second interim report, bringing to light findings that are as explosive as they are distressing. The report does not merely narrate individual acts of abuse -- it exposes an entire architecture of violence, linking the disappearances directly to the political and military high command.

According to the Commission's findings, key political figures -- including Sheikh Hasina, General Tariq Siddiqui, the former Home Minister, and other senior officials -- were embedded in the strategic decision-making layer that had the authority to order abductions and extrajudicial killings. These were not rogue operations. These were calculated acts of terror designed to silence dissent, intimidate the opposition, and crush voices of resistance -- executed with military precision and political approval.

The report further revealed the existence of a clear chain of command: from the top civilian leadership to senior military officers and down to the operational ranks. Tragically, many of these mid- to senior-level officers, who could have served as critical witnesses, are now absconding. Their absence severely undermines the possibility of getting full truth and poses a major impediment to ensuring justice.

Those officers who were strategically placed between the political command and the executing forces were in the best position to confirm that the orders for these crimes came from the highest levels of civilian authority. Their testimony would not only help to hold individual perpetrators accountable but also shield the broader institution of the military from unjust collective blame.

But their disappearance now threatens to cut off that essential link. This absence does not merely frustrate legal proceedings; it provides space for denials, disinformation, and ultimately impunity. It also risks painting the entire security apparatus with the brush of criminality, when in truth, responsibility lies with a handful of powerful individuals.

The Commission's findings show that even after the democratic opening provided by the regime change, a culture of silence and non-cooperation persists. 

For instance, a former intelligence officer reportedly told the Commission that their unit had nothing to fear because, though they detained individuals incommunicado, they did not "engage in other forms of misconduct." Such logic reflects a dangerous normalisation of illegal detention and a deeper institutional tendency to minimise or obscure wrongdoing.

This attitude not only frustrates justice but re-traumatises the families of the disappeared. Their anguish -- already immeasurable -- is deepened by the knowledge that those responsible are either in hiding or being shielded. The prospect of truth, accountability, and closure continues to be postponed indefinitely. That this is occurring after a change of government, when there was hope for transparency, makes it especially tragic and unacceptable.

The Commission has documented further disturbing developments. On 6 January 2025, the International Crimes Tribunal (ICT) issued arrest warrants for eleven individuals, including senior military officials formerly associated with the Directorate General of Forces Intelligence (DGFI). These individuals, the report reveals, were directly responsible for operations at the Joint Interrogation Cell (JIC) -- widely known as Aynaghar -- where many disappeared individuals were last seen alive.

Based on the clear command structure, it is beyond reasonable doubt that these crimes could not have occurred without the explicit knowledge of DGFI leadership. Accordingly, the Commission requested the cancellation of their passports in November 2024 -- a request granted by the Ministry of Home Affairs. At the time of issuing the warrants, many of these accused were reportedly still residing in Dhaka Cantonment. However, none of the warrants have been executed to date.

Given that their passports were revoked, their escape raises grave questions about collusion or negligence within the security apparatus. Were they allowed to flee? Did someone within the chain of command deliberately turn a blind eye?

The Commission rightly warns that the failure to bring these crimes to justice will not only haunt the families of the disappeared but also erode the credibility of some national institutions. Indeed, the damage is already underway. Those within the forces who support reform and justice are finding themselves demoralised. If the senior officers can abscond without consequences, why should lower-ranking personnel believe in reform?

This absence of accountability sets a perilous precedent. It implies that political leaders and security officials can orchestrate the disappearance, torture, and murder of citizens -- and then escape justice simply by evading summons or hiding behind institutional shields. Such impunity is a direct threat to democracy, the rule of law, and human rights.

Justice for the victims of enforced disappearances must be more than a slogan; it must be an uncompromising national commitment. The interim government must take decisive and transparent steps to locate and arrest the absconding security officials, using all intelligence and law enforcement tools at its disposal.

The authorities must hold accountable those who facilitated their escape, whether through inaction or active collusion.

Witness protection should be ensured so that lower-ranking officers feel safe to testify about their orders and experiences.

 The government should engage international human rights bodies, including the UN Working Group on Enforced Disappearances, to lend support and legitimacy to domestic efforts.

History is watching. So are the victims' families, who have spent years in despair, often holding on only to the hope that the truth will someday be known and justice served. If this hope is crushed now, it will not be a mere policy failure -- it will be a moral collapse.

More than anything else, the enforced disappearances under the previous regime represent a betrayal of the social contract between the state and its citizens. Unless justice is done -- and seen to be done -- that contract remains broken. And in a broken republic, no one is truly safe.

The victims of enforced disappearance are not just statistics. They were sons, daughters, fathers, journalists, political opponents, and activists. They had names, dreams, and rights. To abandon them now is to abandon the very ideals upon which our Republic is founded.

Justice must not only be pursued - it must be delivered. And it must be delivered now.

mirmostafiz@yahoo.com