Enforced Disappearance: A Critical Analysis from the Perspective of International Human Rights Law and the Constitution of Bangladesh

Abstract

The practice of enforced disappearance is not new. Globally, this phenomenon occurs. The Rome Statute is the only legally binding document applicable in all cases of enforced disappearances, but there is no universal document. Describes enforced disappearance and its multiple nature, and guides you through the process of drafting legally binding documents within the UN framework. It is well known that enforced disappearances are a complex issue. As a result of forced disappearance, several human rights are violated simultaneously, including the right to privacy and dignity, the right to not suffer torture or cruel, inhumane, or degrading treatment, the right to be detained in humane conditions, the right to legal representation the right to a fair trial and the right to a family life; and even the right to life when abducted. According to Amnesty International, enforced disappearance is a human rights violation when someone gets arrested, detained, or kidnapped by the government or agents, who deny they're being held or hide where they're from the government, taking them out of the legal protection system. The number of enforced disappearances in Bangladesh has been alarming according to reports from some national and international human rights organizations. There are a lot of unsolved cases and law enforcement agencies keep denying involvement. An international convention was adopted to eliminate the crime. It's also a crime against humanity under some other international conventions. In this dissertation, I analyze and scrutinize the socio-legal aspects of forced disappearance and suggest a way to overcome the situation. The paper will examine the legal status of enforced disappearances in a domestic and global perspective and draw a conclusion about how to stop it. Yet Bangladesh's criminal laws don't recognize forced disappearance as an offense, despite the fact that it's a thing. Even so, the right to life is a fundamental right guaranteed by the Bangladesh constitution, and it's being violated constantly. There's a huge impact on the victim's family and on the whole community. In order to prevent further consequences, Bangladesh needs to become a party to the International Convention for the Protection of All Persons from Enforced Disappearance immediately. Without it, forced disappearances will have massive consequences for the nation.