Many countries have implemented legal and institutional reforms to address enforced disappearances and prevent their recurrence. One crucial measure is to criminalize enforced disappearance as a separate offense and entrust the investigation to an independent institution rather than law enforcement agencies.
For instance, in Argentina, the National Public Prosecution Service investigates allegations of enforced disappearance and other human rights violations involving police, military, or other forces. The Public Prosecutor’s Office, established as an autonomous institution under Article 120 of the constitution, operates independently of the executive, legislative, and judicial branches. Similarly, in Chile, the Public Prosecutor’s Office leads investigations into enforced disappearances and serious crimes by law enforcement agencies. Colombia assigns the Attorney General’s Office to probe allegations of enforced disappearance and other serious offenses involving state forces.
In Kenya, the Independent Policing Oversight Authority (IPOA) handles investigations into enforced disappearance, extrajudicial killing, and torture committed by police members. IPOA, established as a separate statutory institution under the Independent Policing Oversight Authority Act, conducts independent investigations and refers cases to the director of public prosecutions when sufficient evidence of a criminal offense is found.
In Sri Lanka, the Office on Missing Persons (OMP) investigates enforced disappearance complaints against police, military, or state agencies. Operating independently under the Office on Missing Persons Act, the OMP can receive complaints, initiate inquiries, summon witnesses, and obtain information from government entities.
The UN Working Group on Enforced or Involuntary Disappearances emphasizes the importance of independent institutions in investigating and prosecuting enforced disappearance cases. The working group asserts that lack of autonomy and impartiality hinders effective investigations into enforced disappearances.
Contrary to global trends, Bangladesh is moving towards assigning enforced disappearance investigations to the regular police force instead of an independent body. The proposed Enforced Disappearance Prevention and Redress Act, 2026, shifts investigation responsibilities to the police, departing from an earlier ordinance that tasked the National Human Rights Commission (NHRC) with investigations.
Countries worldwide have recognized the need for independent civilian oversight and investigative mechanisms to probe serious allegations against law enforcement and security agencies. The UK, Ireland, Canada, Australia, New Zealand, South Africa, and Denmark have established independent bodies to investigate complaints against police forces and ensure civilian accountability.
Establishing independent investigative agencies is crucial for ensuring accountability and breaking the culture of impunity within law enforcement agencies. Bangladesh should consider global examples and entrust investigations of enforced disappearances and serious allegations against law enforcement agencies to genuinely independent institutions for effective accountability and justice.