Enforced disappearances must be investigated independently

After experiencing the tragedy of enforced disappearances, many countries have undertaken various legal and institutional reforms to prevent such crimes from recurring. Of them, the most important measure is criminalising enforced disappearance as a distinct offence and assigning the investigation of such cases to an independent and impartial institution instead of law enforcement agencies themselves.

Let’s look at some examples. In Argentina, allegations of enforced disappearance and other human rights violations involving the police, military or other forces are investigated by the National Public Prosecution Service. Under Article 120 of the country’s constitution, the Public Prosecutor’s Office is an autonomous institution with functional and financial independence. It is regarded as a fourth branch of the state, separate from the executive, legislative and judicial branches. In Chile, investigations into allegations of enforced disappearances and other serious crimes against law enforcement agencies are led by the Public Prosecutor’s Office. Established through a constitutional reform in 1997, it’s an autonomous institution that is not subordinate to the executive branch. In Colombia, allegations of enforced disappearance and other serious crimes against state forces are generally investigated by the Attorney General’s Office. Established under the 1991 constitution, it forms part of the judicial branch but enjoys administrative and budgetary autonomy.

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In Kenya, allegations of enforced disappearance, extrajudicial killing, torture and other serious human rights violations committed by police members are investigated by the Independent Policing Oversight Authority (IPOA). Established under the Independent Policing Oversight Authority Act, 2011, IPOA is a statutory institution separate from the Kenya’s police service. It has the authority to receive complaints, conduct its own investigations, summon witnesses, collect evidence and, where sufficient evidence of a criminal offence exists, refer cases to the director of public prosecutions.

Closer to home, in Sri Lanka, complaints of enforced disappearance against the police, military or any other state agency are investigated by the Office on Missing Persons (OMP). Established under the Office on Missing Persons Act, 2016, the OMP is a permanent and independent state institution that operates outside the law enforcement agencies. It has the authority to receive complaints, initiate inquiries on its own motion, summon witnesses, request documents, and obtain information from government agencies.

The UN Working Group on Enforced or Involuntary Disappearances considers the independence of institutions responsible for investigating and prosecuting enforced disappearance cases to be fundamental to ensuring the rights of victims. Drawing on its experience across different countries, the working group has concluded that the lack of autonomy, impartiality and independence of investigative bodies is among the greatest obstacles to the effective investigation of enforced disappearances.

Despite these global experiences, Bangladesh, which has suffered widespread enforced disappearances during the previous Awami League government, is now moving in the opposite direction by assigning the investigation of enforced disappearance cases to the regular police force instead of an independent institution.

The cabinet of the BNP-led government recently approved the draft Enforced Disappearance Prevention and Redress Act, 2026. The proposed law assigns the investigation of disappearance cases to the police. By contrast, an ordinance promulgated by the interim government—later repealed by the current government—entrusted the National Human Rights Commission (NHRC) with the responsibility of investigating enforced disappearances. Meanwhile, the draft NHRC Act, 2026, also approved by the cabinet, makes the commission dependent on reports from the government or the heads of the respective forces instead of granting it direct investigative powers. Moreover, the proposed committee for selecting the NHRC members raises concerns that it could place the human rights watchdog under the government’s absolute control and dominance.

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It’s not only enforced disappearances that warrant independent investigation. Allegations of any serious offence committed by law enforcement and security agencies should be investigated by an independent body.

Law enforcement agencies are often characterised by what’s known as the “Blue Wall of Silence”—an unwritten code of conduct under which members of law enforcement agencies conceal information about the wrongdoing of their colleagues, refrain from reporting misconduct, and seek to protect their colleagues even when they have committed serious crimes. This is further reinforced by political interests and administrative pressure from senior officials within the executive branch to shield wrongdoing. Consequently, assigning the responsibility of investigating allegations against police or security personnel to the police force creates an inherent risk of such cases being suppressed rather than properly investigated.

For this reason, a number of countries have established independent civilian oversight and investigative mechanisms instead of relying solely on the internal investigative systems of state agencies. In these countries, investigations into serious allegations against the police—including abuse of power, extrajudicial killings, deaths in custody, and other serious human rights violations—are entrusted to independent institutions.

For example, in the UK, the Independent Office for Police Conduct investigates serious complaints and deaths in custody involving police forces in England and Wales. In Ireland, the Garda Síochána Ombudsman Commission independently investigates public complaints against the national police service. In Canada, the Civilian Review and Complaints Commission provides independent civilian oversight of the Royal Canadian Mounted Police. In the province of Ontario, the Special Investigations Unit directly investigates incidents in which police actions result in death or serious injury.

Australia has separate independent oversight bodies in its different states: for example, in New South Wales, the Law Enforcement Conduct Commission investigates allegations of police corruption and abuse of power. In New Zealand, the Independent Police Conduct Authority is an independent statutory body established by parliament to oversee police conduct and investigate serious complaints against the force.

In South Africa, the Independent Police Investigative Directorate investigates deaths in police custody, fatal police shootings, and other serious offences involving police members. In Denmark, the Independent Police Complaints Authority investigates criminal allegations against the police and is headed by a High Court judge.

Although the mandates and powers of these oversight bodies differ from one country to another, they share a common objective: to ensure independent civilian accountability instead of allowing the accused force to investigate allegations against itself.

The establishment of an independent investigative agency does not, by itself, guarantee an end to enforced disappearances or other crimes committed by state agencies. For such an institution to be effective, it requires a strong legal framework, political commitment from those in power, adequate financial resources, competent personnel and, above all, the cooperation of other state institutions. Global experience nevertheless demonstrates that entrusting investigations to an independent institution, rather than allowing the accused agency to investigate itself, is a fundamental prerequisite for ensuring accountability. Human rights violations may occur even where independent investigative bodies exist, but removing the responsibility for investigations from the hands of the accused agency itself is an important institutional step towards breaking the culture of impunity.

Bangladesh, therefore, should follow the global examples and entrust the investigation of enforced disappearances and other serious allegations against law enforcement agencies to a genuinely independent institution, rather than leaving such powers with the police or any other agency under the executive branch.

Kallol Mustafa is an engineer and writer who focuses on power, energy, environment, and development economics. He can be reached at kallol_mustafa@yahoo.com.

Views expressed in this article are the author's own. 

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