Insights - Bangladesh
A typical court (2000 caseload) would take over 5 years to clear the pending caseload assuming no adjournments and continuous trials.Courts 'locked in' to a path dependent outcome of adjourning cases rather than disposing of them.Court clerks shuffle cases to the next hearing date.Criminal Procedure Code 1898 (+ Evidence Act 1872, Penal Code 1860) enacted when West Bengal (Bangladesh) had less than 25 million vs today's population over 165 million: inadequate procedures to filter cases in and clear cases out.Police supported by lawyers and their touts overload charge sheets with both accused persons and charges (simple hurt or fighting regularly includes additional charge of attempted murder) ending in acquittal in courts in 99% cases. Public prosecutors do not review cases for likelihood of conviction.
With regard to Gender…
Nari O Shishu tribunals (dealing with the prevention of crimes against women and children) in two court centres:
(1) 20% cases in Narsingdi and 27% cases in Cumilla pending more than 5 years.
(2) 0 convictions (0/553 cases) in one court; 2 convictions (2/1491 cases)in another court (supporting the findings of the Justice Audit).
With regard to Governance…
Absence of early review / case filtering mechanisms results in most cases being listed for trial.
IMPACT
Implementation of CMOs conservatively estimated to reduce case backlogs in some courts by >30%.