Bangladesh’s Commitment to Justice: A Deep Dive into the ICPPED

Abstract

The International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) is a critical human rights treaty aimed at eradicating enforced disappearances globally. This comprehensive article delves into the key provisions of the Convention, including the prevention of enforced disappearances, justice and accountability, reparations for victims, international cooperation, and the protection of children. With Bangladesh recently becoming a signatory, the piece explores the significant implications for the country, given its history of enforced disappearances. It examines the challenges and opportunities ahead as Bangladesh aligns its domestic policies with international norms, highlighting the Convention’s role as a vital tool in the global fight against this grave human rights violation. Through an in-depth analysis, the article underscores the importance of Bangladesh’s commitment to ensuring transparency, accountability, and justice, offering readers a compelling overview of both the Convention and its potential impact in the region.

The Convention

The International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED)[1] is a landmark human rights treaty adopted by the United Nations General Assembly in December 2006. The Convention is designed to prevent enforced disappearances, bring those responsible to justice, and provide reparations to victims and their families. Enforced disappearance is a grave violation of human rights that not only affects the disappeared individuals but also causes immense suffering to their families and communities.

Overview of the Convention: Definition and Scope

Enforced disappearance, as defined by the Convention on article 2, involves the arrest, detention, abduction, or any other form of deprivation of liberty by agents of the State or by persons or groups acting with the authorization, support, or acquiescence of the State. This is followed by the refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, thereby placing the person outside the protection of the law[2].

International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) is a comprehensive international legal instrument that addresses multiple dimensions of the crime of enforced disappearance. It reflects the international community’s commitment to eradicating this grave human rights violation, which has devastating consequences for both the individuals affected and their families.

Prevention of Enforced Disappearance[3]

The Convention emphasizes the importance of preventive measures to eliminate the occurrence of enforced disappearances. It mandates that States Parties criminalize enforced disappearance under their domestic law as a distinct offense (Article 4). This criminalization must encompass not only the act of enforced disappearance itself but also its ordering, soliciting, or inducing, as well as the attempt to commit and participation in such acts (Article 6). The Convention further requires that legal safeguards be ensured during detention, including the right to be held in officially recognized places of detention and to have prompt access to a lawyer and medical care (Article 17). Additionally, it obligates States to maintain accurate records of all persons deprived of their liberty, including information on their whereabouts and health status, to prevent secret detentions (Article 17).

Justice and Accountability[4]

The ICPPED obliges States to ensure that enforced disappearances are thoroughly investigated and that those responsible are brought to justice. States Parties are required to take the necessary measures to hold individuals criminally responsible for enforced disappearances, regardless of whether they are State officials, agents, or private individuals acting at the instigation of or with the consent or acquiescence of the State (Article 6). The Convention also establishes the principle of universal jurisdiction, allowing States Parties to prosecute alleged perpetrators present in their territory, regardless of where the crime was committed (Article 9). Moreover, the Convention provides for the right of victims and their families to access justice, including the right to an effective remedy and prompt reparations (Article 24).

Reparations for Victims and Families[5]

The Convention recognizes the right of victims of enforced disappearance and their families to obtain reparations. This includes various forms of reparation, such as restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition (Article 24). Restitution aims to restore the victim to their original situation before the enforced disappearance, while compensation provides for monetary reparation for the harm suffered. Rehabilitation encompasses medical and psychological care, as well as legal and social services. Satisfaction includes measures such as public apologies and judicial or administrative sanctions against those responsible. Finally, guarantees of non-repetition involve institutional reforms aimed at preventing future occurrences of enforced disappearance, such as ensuring independent oversight of detention facilities and strengthening the rule of law.

International Cooperation[6]

The ICPPED underscores the importance of international cooperation in combating enforced disappearances. It promotes collaboration among States Parties in the investigation, prosecution, and punishment of those responsible for enforced disappearances (Article 14). This includes the exchange of information, mutual legal assistance, and extradition of suspects, provided that the requesting State Party has established jurisdiction over the offense (Article 13). The Convention also encourages States Parties to cooperate with international organizations, non-governmental organizations, and civil society in efforts to prevent and address enforced disappearances.

Protection of Children[7]

Special provisions are included in the Convention to protect children from enforced disappearance. This is particularly relevant for children who may be born during the captivity of their disappeared mothers or those who are themselves subjected to enforced disappearance. The Convention requires States Parties to prevent and address the wrongful removal of children and to search for and identify children who have been subjected to enforced disappearance or whose identity has been concealed (Article 25). It also calls for the establishment of mechanisms to restore the true identity of such children and to reunite them with their families.

Non-Derogation from Obligations[8]

A critical aspect of the ICPPED is its non-derogation clause, which states that no exceptional circumstances, such as a state of war, political instability, or any other public emergency, can be invoked to justify enforced disappearances (Article 1). This absolute prohibition reflects the gravity of the crime and reinforces the principle that enforced disappearance is never permissible under international law, regardless of the context.

Bangladesh as a Signatory

Bangladesh’s decision to sign the ICPPED marks a significant step in its commitment to upholding international human rights standards.

The signing, led by Chief Adviser Professor Muhammad Yunus, took place during the weekly meeting of the interim government’s advisory council amid applause from the council members, according to chief adviser’s press wing[9].

The move has garnered attention both domestically and internationally, given the country’s history and ongoing concerns regarding enforced disappearances.

“It is a historic occasion,” Yunus was saying,

‘The move came just one day before the International Day of the Victims of Enforced Disappearances. There have long been accusations that hundreds of Bangladeshis, including critics and opposition activists, became the victims of enforced disappearances’[10].

Context and Significance

Bangladesh has faced considerable scrutiny over reports of enforced disappearances in recent years. Human rights organizations have documented numerous cases where individuals, often political opponents, activists, or journalists, have been allegedly abducted by security forces, with their whereabouts remaining unknown for extended periods.

Enforced disappearances are defined also under the article 7 (2) (i) of Rome Statute[11]—to which Bangladesh is a party[12]—as “the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons.” That means that whether a person is eventually released or is shown arrested after a period of time does not negate that this period of detention or abduction by state actors constitutes an enforced disappearance[13].

In a 2016 statement, the Committee on Enforced Disappearances and the Working Group on Enforced or Involuntary Disappearances emphasized that “there is no time limit, no matter how short, for an enforced disappearance to occur. Every minute counts when a person is put outside the protection of the law[14].”

By signing the Convention, Bangladesh signals its intention to align its domestic policies with international norms and standards. It demonstrates a willingness to address these serious human rights concerns and to work towards greater transparency and accountability within its law enforcement and security agencies.

Legal and Policy Implications

Signing the Convention is just the first step in a process that requires subsequent ratification by the national parliament and implementation through domestic legislation. Once ratified, Bangladesh will be legally bound to:

1. Criminalize Enforced Disappearances: The country will need to amend its criminal code to include enforced disappearance as a specific crime, with penalties that reflect the gravity of the offense.
2. Ensure Accountability: Mechanisms must be established or strengthened to ensure that allegations of enforced disappearance are thoroughly investigated, and those responsible are held accountable.
3. Provide Reparations: The government will be obliged to offer reparations to victims and their families, including compensation and support for psychological and physical rehabilitation.
4. Cooperate Internationally: Bangladesh will be expected to cooperate with other signatory states in the investigation and prosecution of enforced disappearances, especially in cases where the crime may involve cross-border elements.
5. Protect Vulnerable Groups: Special attention will need to be given to protecting vulnerable groups, such as political dissidents, journalists, and minority communities, from the risk of enforced disappearance.

Conclusion

The International Convention for the Protection of All Persons from Enforced Disappearance is a crucial instrument in the global fight against one of the most heinous human rights violations. Bangladesh’s recent signing of the Convention is a hopeful sign of the country’s commitment to addressing and preventing enforced disappearances within its borders. However, the true measure of success will be seen in the country’s ability to implement the Convention’s provisions effectively and to ensure that the rights of all individuals are protected from the shadow of enforced disappearance.

Author: Faiyaz Ahmed Pantho is an Advocate at District & Sessions Judge Court, Dhaka. Email: faiyazahmedpantho@gmail.com

[1] ICPPED is an international human rights instrument intended to prevent forced disappearance, which is classified as a crime against humanity under international law. The convention was adopted by the United Nations General Assembly on 20 December 2006, opened for signature on 6 February 2007, and entered into force on 23 December 2010. As of April 2023, 98 states have signed the convention, and 71 have ratified it: Wikipedia, ‘International Convention for the Protection of All Persons from Enforced Disappearance’ (Wikipedia, The Free Encyclopedia, 29 August 2024) <https://en.wikipedia.org/wiki/International_Convention_for_the_Protection_of_All_Persons_from_Enforced_Disappearance> accessed on 29 August 2024.

[2] The International Convention for the Protection of All Persons from Enforced Disappearance (adopted 20 December 2006, entered into force 23 December 2010) UNTS 2716, 480 <https://treaties.un.org/doc/Publication/CTC/Ch_IV_16.pdf> accessed on August 29, 2024

[3] ibid

[4] ibid

[5] ibid

[6] ibid

[7] ibid

[8] ibid

[9] Star Digital Report, ‘Bangladesh Becomes Signatory to UN Treaty on Enforced Disappearances’ (The Daily Star, 29 August 2024) <https://www.thedailystar.net/news/bangladesh/news/bangladesh-becomes-signatory-un-treaty-enforced-disappearances-3689396> accessed on 29 August 2024

[10] Julhas Alam, ‘Bangladesh’s Government Led by Yunus Signs UN Convention Involving Enforced Disappearance’ (ABC News, 29 August 2024) <https://abcnews.go.com/International/wireStory/bangladeshs-government-led-yunus-signs-unconvention-involving-enforced-113238526> accessed 29 August 2024.

[11] Office of the United Nations High Commissioner for Human Rights, ‘Rome Statute of the International Criminal Court’ <https://www.ohchr.org/en/instruments-mechanisms/instruments/rome-statute-international-criminal-court> accessed on 30 August 2024.

[12] Bangladesh signed the Rome Statute on 16 September 1999 and deposited its instrument of ratification on 23 March 2010, becoming the 111th State to ratify the Statute. Bangladesh was the first country in the South Asia sub-region to take this historic step: Parliamentarians for Global Action, ‘Bangladesh and the Rome Statute’ <https://www.pgaction.org/ilhr/rome-statute/bangladesh.html> accessed on 30 August 2024.

[13] Human Rights Watch, ‘Where No Sun Can Enter: A Decade of Enforced Disappearances in Bangladesh’ (16 August 2021) <https://www.hrw.org/report/2021/08/16/where-no-sun-can-enter/decade-enforced-disappearances-bangladesh> accessed on 29 August 2024.

[14] ibid