Enforced Disappearances Must Never Return

For many Bangladeshis, the phrase “Never Again” symbolised a national commitment following the July 2024 uprising to break from a painful past marked by enforced disappearances, arbitrary detention, torture and impunity. That commitment has come under renewed scrutiny following Human Rights Watch’s recent report describing the alleged disappearance of fisherman Miraj Sheikh as the first known enforced disappearance case since the July 2024 uprising and warning that recent legal changes could weaken safeguards against such abuses.

According to media reports and the petition before the High Court, 30-year-old Miraj Sheikh was allegedly taken into custody by members of the Bangladesh Coast Guard near the Sundarbans in April this year. The Coast Guard has denied the allegation. The High Court has since directed the authorities to locate the missing man and produce him before the court. The facts of this case must be established through an impartial investigation and judicial process. Nevertheless, irrespective of the eventual findings, the incident serves as a timely reminder that Bangladesh must strengthen its institutional safeguards if it is genuinely committed to ensuring that enforced disappearances never recur.

Between 2009 and 2024, enforced disappearances became one of Bangladesh’s most disturbing human rights concerns. Following the political transition in 2024, there was widespread hope that Bangladesh would embrace meaningful reforms to prevent such abuses from recurring. The interim government introduced legal reforms aimed at strengthening accountability, including measures to empower the National Human Rights Commission and establish an independent framework for investigating enforced disappearances.

Subsequent developments, however, have generated concern among human rights advocates about whether those reforms will be sustained. This debate should not be viewed through a partisan lens. Rather, it raises a fundamental constitutional question: how can any democratic state ensure that no individual disappears while allegedly in state custody without a prompt, independent and credible investigation?

The state must criminalise enforced disappearance, investigate every credible allegation promptly and independently, prosecute those responsible, and provide truth and justice to victims and their families. 

The answer lies not in the goodwill of any particular government but in the strength of public institutions. Democratic governance depends upon effective oversight, judicial independence, transparent law enforcement and meaningful accountability. Governments change and security challenges evolve, but institutions must protect citizens irrespective of who governs. Democratic reform ultimately depends on whether those institutions continue to function impartially during periods of political transition.

Bangladesh has already taken an important international step by acceding to the International Convention for the Protection of All Persons from Enforced Disappearance. This commitment carries clear obligations. The state must criminalise enforced disappearance, investigate every credible allegation promptly and independently, prosecute those responsible, and provide truth and justice to victims and their families. 

Ratifying an international convention, however, is only the beginning. Effective implementation requires domestic legislation, independent investigative mechanisms and institutions that enjoy public confidence. Allegations involving members of the security forces inevitably require particularly robust oversight. Investigations must not only be impartial but must also be perceived as impartial.

Experience from many democratic societies demonstrates that strong accountability mechanisms ultimately strengthen, rather than weaken, professional security institutions. Independent oversight helps distinguish lawful operations from misconduct, protects officers who perform their duties responsibly, and enhances public confidence in legitimate law enforcement. Transparency and accountability should therefore be regarded as essential components of effective national security rather than obstacles to it. Another often-overlooked dimension of enforced disappearance is its devastating impact on families. They often endure profound psychological distress, financial hardship and prolonged uncertainty while searching for answers.

None of this diminishes the legitimate responsibility of the state to combat crime, terrorism, and smuggling or organised criminal networks. Bangladesh, like every country, faces complex security challenges that require effective law enforcement. However, democratic societies distinguish themselves by ensuring that security operations remain firmly within the boundaries of law. Every arrest should be officially recorded, every detainee should have access to legal safeguards, and every deprivation of liberty should remain subject to judicial scrutiny. The rule of law cannot be defended by departing from it.

Bangladesh’s Constitution guarantees personal liberty, equality before the law and protection against arbitrary deprivation of freedom. These constitutional guarantees should guide every institution exercising coercive powers on behalf of the state. And to reinforce those guarantees, several measures deserve urgent consideration. First, every allegation of enforced disappearance should be investigated promptly by an independent and adequately empowered body. Second, the National Human Rights Commission should possess sufficient statutory authority and institutional independence to investigate alleged violations involving all state agencies without fear or political interference. Third, civilian oversight and accountability mechanisms governing law enforcement and security institutions should be strengthened. Fourth, families of missing persons should receive timely information, legal assistance and appropriate protection throughout any investigation. Finally, continuous human rights education, professional ethics and institutional reform within security agencies should become integral to professional practice rather than occasional initiatives.

These concerns have also been reflected in recent analyses by Human Rights Watch. In its report, Bangladesh: First Enforced Disappearance Case Since July 2024 Uprising, the organisation argues that the alleged disappearance of Miraj Sheikh demonstrates the need to preserve robust safeguards against enforced disappearances and warns that recent changes to proposed legal reforms could weaken independent oversight. Similarly, Human Rights Watch’s World Report 2026 notes that while Bangladesh made important commitments following the 2024 political transition, long-term protection against enforced disappearance ultimately depends on effective institutions, independent investigations and accountability for abuses. 

The courts and competent authorities will ultimately determine the facts surrounding the reported disappearance of Miraj Sheikh. Until then, conclusions should be based on evidence rather than speculation. Nevertheless, the case reminds us that commitments to reform cannot remain rhetorical. The promise of “Never Again” must be translated into institutions capable of preventing abuse before it occurs and responding swiftly whenever credible allegations emerge.

The true strength of a democracy is measured not by the power of its security agencies but by the confidence of its citizens that the law protects everyone equally. Bangladesh has an historic opportunity to demonstrate that the lessons of the past have produced lasting reform. Achieving this requires independent institutions, genuine accountability and an unwavering commitment to the rule of law. Protecting human rights and ensuring public security are complementary, not competing, objectives. Only then will “Never Again” become more than an aspiration. It will become a constitutional reality.