Disappearance commission gets more power

The government has enhanced the authority of the inquiry commission established to investigate the incidents of enforced disappearances during the previous Awami League administration. 

Under new provisions, the commission will now possess judicial powers of a civil court, allowing it to summon individuals, access any location, and seize relevant documents.

The commission can also direct the police to investigate any matter and if it uncovers any evidence of criminal offence, it can refer the case to the magistrate court for prosecution under the Penal Code.

The new powers have been provided in accordance with the Commission of Inquiry Act of 1956, said two separate notifications issued by the Cabinet Division on Sunday.

Barrister Jyotirmoy Barua, a human rights activist and Supreme Court lawyer, said the new powers facilitate the commission's operations and enable it to address a broader range of issues effectively.

He said it is urgent now for a specific law on enforced disappearances, as such laws would facilitate the prosecution of related crimes.

The commission, led by retired High Court judge Justice Moyeenul Islam Chowdhury, was formed by the interim government on 27 August, to investigate cases of enforced disappearances occurring between 6 January 2009 and 5 August 2024.

Commission of Inquiry Act, 1956 

One of the notifications said the government is applying Sections 5(2), (3), (4), (5), and (6) of the Commission of Inquiry Act, 1956 to the newly formed commission.

Another notification said the commission has been granted additional powers under Section 10(1) of the same act.

Both notifications came into effect immediately after their publication.  

Under Section 5, Subsection (2) of the Commission of Inquiry Act, 1956, the commission is empowered to require any individual, subject to any legal privileges, to provide information deemed relevant to the inquiry. 

Subsection (3) allows the president or an officer authorised by the president, not below the rank of a gazette officer, to enter any premises where the commission believes relevant documents, such as books of accounts, may be found. 

This officer can seize such documents or take extracts or copies, in accordance with Sections 102 and 103 of the Code of Criminal Procedure, 1898.

Subsection (4) states that the commission shall be considered a civil court. If any offence described in Sections 175, 178, 179, 180, or 228 of the Penal Code occurs in the presence of the commission, it may record the details of the offence and the accused's statement as per the Code of Criminal Procedure, 1898, and forward the case to the appropriate magistrate for trial.

According to Subsection (5), any proceedings before the commission are regarded as judicial proceedings under Sections 193 and 228 of the Penal Code.

Section 10A stipulates that the government may, through a notification in the official Gazette, grant the commission the authority to order a police investigation into any matter under its purview. 

The police are then required to exercise their powers in accordance with Chapter XIV of the Code of Criminal Procedure concerning cognizable offences.