Law Minister Md Asaduzzaman today said the statement by some members of the National Human Rights Commission’s (NHRC) in their open letter regarding punishment under the Enforced Disappearance Prevention and Redress Ordinance is “totally incorrect”.

“What they have stated is a completely incorrect interpretation. If you look at the law, it clearly says that punishment can be life imprisonment or up to 10 years. Now what does ‘up to 10 years’ mean? It means not exceeding 10 years. So, ‘up to 10 years’ means the court has the discretion to give even one hour, one day, one month, or any period within that limit. So how can this (my statement) be contradictory?” he told The Daily Star.

“They (NHRC) have clearly misinterpreted this, I have said in all press conferences and everywhere else that there is a timeframe within which the report must be submitted. But there is no guideline stating how long they will take to make a decision after receiving the report,” the minister further said.

When asked whether he has prepared or sent any written reply regarding the NHRC’s open letter in response to his statements in parliament, the minister said that every single point they have raised is based on "misconceptions and is not correct".

"Why should I give them a written reply? I don’t need to reply to them. I believe people understand," the minister said.

“Section 4 of the Enforced Disappearance Prevention and Redress Ordinance itself states that the punishment is life imprisonment or up to 10 years. ‘Up to 10 years’ clearly means ‘not exceeding 10 years’,” he said.

Five outgoing members of the NHRC warned that under the reinstated NHRC Act of 2009, government forces will now investigate allegations of their own rights violations.

In an open letter, they cautioned that this change places victims of enforced disappearances and the July fighter uprising at serious risk.

They also alleged the government's true motive for repealing the ordinances was to curtail the NHRC's independence.



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