Tribunal empowered to order property distribution after five years of enforced disappearance

The government has promulgated a new amended ordinance to ensure legal protection and inheritance rights for families of persons subjected to enforced disappearance.

The notification was issued on Tuesday by the Printing and Publication Wing of the Legislative and Parliamentary Affairs Division under the Ministry of Law, Justice and Parliamentary Affairs. A gazette notification has also been published in this regard.

The ministry's public relations office confirmed the matter today (7 January).

Under the amendment, if a person remains victim of enforced disappearance for at least five years and does not return alive, the tribunal has been vested with special authority to declare that the person's property may be distributed among lawful heirs. 

In addition, the wife or dependent family members of a victim of the enforced disappearance will no longer require prior permission from the commission to initiate legal proceedings.

The ordinance will be known as the "Enforced Disappearance Prevention and Redress (Amendment) Ordinance, 2026" and has been ordered to come into effect immediately.

New provisions on property distribution and inheritance

According to the amendment to Section 23 of the ordinance, notwithstanding anything contained in Section 108 of the Evidence Act, 1872 (which generally prescribes a seven-year period for missing persons), if a person remains disappeared for five years under this law, their heirs may apply to the tribunal claiming inheritance rights. 

Upon verification of the application's authenticity, the tribunal may order distribution of the property. Until rules are framed, the tribunal itself will determine the procedure for such applications.

Public Prosecutors for case proceedings

Amending Section 13, the ordinance provides that the government shall appoint the required number of Public Prosecutors (PPs) on the recommendation of the Commission to conduct cases on behalf of complainants before the tribunal. In the absence of the Commission or in urgent situations, the government may directly appoint PPs or assign additional responsibilities to district or metropolitan PPs or Additional PPs. The right of victims to engage private lawyers has also been preserved.

Protection for family members

The new ordinance simplifies legal protection for the wife or dependent members of a victim of enforced disappearance. The requirement of obtaining the Commission's permission to file cases or initiate proceedings has been withdrawn. However, the tribunal may seek a report from the Commission if necessary to verify the authenticity of an application.

Definition and scope of a disappeared person

The amended ordinance stipulates that persons identified as victims of enforced disappearance in the investigation report of the Commission formed on September 15, 2024, or in cases filed under this ordinance and the International Crimes (Tribunals) Act, 1973, and who have not returned alive until the issuance of a tribunal order, shall be considered victims of enforced disappearance under this law.