Bangladesh’s interim government has approved a landmark ordinance introducing the death penalty for perpetrators of “enforced disappearances,” a move that comes amid the ongoing trial of ousted Prime Minister Sheikh Hasina and 15 serving military officers accused of crimes against humanity. The draft ordinance was passed by the country’s advisory council — effectively functioning as the cabinet — and will soon take legal effect following President Mohammad Shahabuddin’s assent.
Chief Adviser Yunus’s press secretary, Shafiqul Alam, described the law as “historic,” saying it would ensure that enforced disappearances never occur again in Bangladesh. He explained that the legislation directly criminalises the creation or operation of secret detention centres, such as the notorious “Aynaghar,” allegedly used during Hasina’s rule. The ordinance also mandates that all trials under this law be concluded within 120 days from the date charges are filed, expediting justice in such cases.
Once enacted, the law will likely apply to 15 senior army officers, Sheikh Hasina, and several of her former ministers, including the ex-police chief. The Bangladesh International Crimes Tribunal (ICT-BD) is already trying them for crimes against humanity allegedly committed during last year’s nationwide protests, in which over 1,400 people were reported killed during a government-led crackdown, according to the UN human rights office.
Hasina, 78, who was ousted from power in August following a student-led uprising, faces multiple charges, including murder, human rights abuses, and illegal detentions. The ICT-BD’s chief prosecutor, in an October 16 submission, sought the death penalty for the former prime minister, calling her “the mastermind and principal architect” of the violent repression that marked her government’s final months.
The trials have raised significant controversy, particularly because 15 of the accused are active military officers. They were produced before the tribunal on October 22, after initial resistance from the army, which had placed them in protective custody following the issuance of arrest warrants earlier that month. The officers are currently being held in a temporary detention facility inside Dhaka Cantonment rather than a civilian jail, as would typically be required under the law.
The situation has created a rare legal and constitutional dilemma, as the International Crimes Tribunal — originally established to prosecute war crimes from the 1971 Liberation War — has now been expanded to include trials of serving military personnel under its jurisdiction. The third amendment to the ICT-BD Act also states that anyone charged under this law is immediately disqualified from holding any public or government office, yet the accused officers technically remain in active service.
Addressing this ambiguity, Brigadier General Mustafizur Rahman told reporters at Dhaka Cantonment that the matter required “legal interpretation rather than questioning its legitimacy,” suggesting that the military was awaiting formal direction from the government. However, observers note that the issue has deepened tensions between the armed forces and the interim administration.
The army had earlier resisted the tribunal’s request to present the accused officers within 24 hours of their arrest, leading to speculation about a standoff between military and civilian authorities. Their eventual court appearance was seen as a compromise, though the fact that they remain under military custody highlights ongoing institutional friction.
The new ordinance, once signed into law by the president, will therefore serve a dual purpose — addressing a long-standing human rights issue and simultaneously strengthening the legal foundation of the ongoing high-profile trials. It also signals the interim government’s determination to distance itself from the legacy of Sheikh Hasina’s rule, which human rights groups have long criticised for widespread disappearances, secret detentions, and extrajudicial killings.
If implemented rigorously, this law could reshape Bangladesh’s justice system, marking the first time enforced disappearances are treated as a capital offence — but it also risks further polarising the country’s political and military landscape at a critical moment in its transition.
