| Bangladesh: Integrity Scorecard Report > Sub-Category: Rule of Law | ||
| Indicators | Score | |
| 74 | Is there an appeals mechanism for challenging criminal judgments? | 50 |
| 75 | In practice, do judgments in the criminal system follow written law? | 50 |
| 76 | In practice, are judicial decisions enforced by the state? | 50 |
| 77 | Is the judiciary able to act independently? | 88 |
| 78 | Are judges safe when adjudicating corruption cases? | 100 |
| 79 | Do citizens have equal access to the justice system? | 68 |
Indicator and sub-Indicator Details
| 74 | Is there an appeals mechanism for challenging criminal judgments? | |||||||
| 74a: In law, there is a general right of appeal. | ||||||||
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Comments: References: The Constitution of the Peoples Republic of Bangladesh, [ LINK ] Judicial Service Commission Rules, 2007 The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007 at 8.00 p.m. Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003. Code of Conduct of the Judges of the Supreme Court of Bangladesh, Dhaka, May 2000. Barrister M. Amir-Ul Islam, Paper presented at the Seminar entitled Judicial Reform and Independence of the Judiciary ,. Aug. 11, 2007. RCBM filed a Public Interest Litigation against the Government of Bangladesh, [ LINK ]
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| 74b: In practice, appeals are resolved within a reasonable time period. | ||||||||
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Comments: There is a huge pending case both in lower and high court which take long time for disposal of cases and increases the expenditure through official and unofficial payment. Besides, politicization of judiciary has led to decline governmental accountability and public trust. References: Transparency International, Berlin 2007, Bangladesh: Justice in disarray, Global Corruption Report 2007, [ LINK ] BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006, www.cgs-bu.com Power and Participation Research Center (PPRC), Dhaka, 2007, Bangladesh Governance Report 2007, p-84-85 Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003.
Peer Review Comments: There is a huge backlog of appeals in both the lower and higher judiciary, and people have to wait for years in many cases.
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| 74c: In practice, citizens can use the appeals mechanism at a reasonable cost. | ||||||||
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Comments: There is a huge pending case both in lower and high court which takes long time for disposal of cases and increases the expenditure through official and unofficial payment. The complicated nature also provokes corruption. References: Transparency International, Berlin 2007, Global Corruption Report 2007, [ LINK ] BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006, www.cgs-bu.com Power and Participation Research Center (PPRC), Dhaka, 2007, Bangladesh Governance Report 2007, p-84-85. Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003.
Peer Review Comments: In most cases, especially in the lower judiciary, people have to bribe, according to a report of the Daily Star based on TI Global Corruption 2007: [ LINK ]
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| 75 | In practice, do judgments in the criminal system follow written law? | |||||||
| 75: In practice, do judgments in the criminal system follow written law? | ||||||||
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Comments: References: Transparency International, Berlin 2007, Bangladesh: Justice in disarray , Global Corruption Report 2007, [ LINK ] BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006, www.cgs-bu.com Power and Participation Research Center (PPRC), Dhaka, 2007, Bangladesh Governance Report 2007, p-84-85 Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003.
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| 76 | In practice, are judicial decisions enforced by the state? | |||||||
| 76: In practice, are judicial decisions enforced by the state? | ||||||||
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Comments: References: Transparency International, Berlin 2007, Bangladesh: Justice in disarray , Global Corruption Report 2007, [ LINK ] BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006, www.cgs-bu.com Power and Participation Research Center (PPRC), Dhaka, 2007, Bangladesh Governance Report 2007, p-84-85 Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003.
Peer Review Comments: Judicial decisions are supposed to be implemented by the executive branch of the state. Now Bangladesh has an independent judicial service, seperated from the executive branch.
Peer Review Comments: Since the judiciary has been separated from the executive organ of the state from Nov. 1, 2007, it's believed that the government will have no direct influence on the judgements, but this is yet to be observed. [ LINK ]
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| 77 | Is the judiciary able to act independently? | |||||||
| 77a: In law, the independence of the judiciary is guaranteed. | ||||||||
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Comments: References: The Constitution of the Peoples Republic of Bangladesh, [ LINK ] Judicial Service Commission Rules, 2007 Code of Conduct of the Judges of the Supreme Court of Bangladesh, Dhaka, May 2000.
Peer Review Comments: The lower judiciary has been separated from the executive organ of the state as of Nov. 1, 2007. All magistrate courts that were previously under the Ministry of Internal Affairs are now under the supervision of the Supreme Court. However, the judiciary has yet to be completely independent.
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| 77b: In practice, national-level judges are protected from political interference. | ||||||||
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Comments: References: Barrister M. Amir-Ul Islam, Paper presented at the Seminar entitled Judicial Reform and Independence of the Judiciary , Aug. 11, 2007. The Daily Star, SC to Rescue Nation from Any Crisis, Aug. 12, 2007 [ LINK ] RCBM filed a Public Interest Litigation against the Government of Bangladesh, [ LINK ] Asian Human Rights Commission, Hong Kong, (Translation of Article published in the Daily Prothom Alo dated Dec. 1, .2006), [ LINK ] Transparency International, Berlin 2007, Bangladesh: Justice in disarray , Global Corruption Report 2007, [ LINK ] BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006, www.cgs-bu.com Power and Participation Research Center (PPRC), Bangladesh Governance Report 2007, p-84-85 Dhaka, 2007, Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone).
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| 77c: In law, there is a transparent and objective system for distributing cases to national-level judges. | ||||||||
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Comments: References: The Constitution of the Peoples Republic of Bangladesh, [ LINK ] Judicial Service Commission Rules, 2007 The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003. Code of Conduct of the Judges of the Supreme Court of Bangladesh, Dhaka, May 2000 Bangladesh Judicial Service (Formation of Service, Appointment, Promotion in the Service and Temporary Suspension and Removal) Rules, 2007 Bangladesh Judicial Service (Determination of Service Place, Controlling of Granting Leave, Maintaining Discipline and others Conditions of Employment) Rules, 2007.
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| 77d: In law, national-level judges are protected from removal without relevant justification. | ||||||||
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Comments: References: The Constitution of the Peoples Republic of Bangladesh, [ LINK ] Judicial Service Commission Rules, 2007 The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003. Code of Conduct of the Judges of the Supreme Court of Bangladesh, Dhaka, May 2000
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| 78 | Are judges safe when adjudicating corruption cases? | |||||||
| 78a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases. | ||||||||
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Comments: On Nov. 14, 2005, two judges were killed in a bomb explosion in the town of Jhalokathi, Bangladesh by the JMB (Muslim Militant). JMB are blamed for a series of bomb blasts that targeted courts and government establishments across Bangladesh in order to establish Muslim religious rule in the country. Apart from this incidence, no judges were killed or physically harmed because of adjudicating corruption cases or any other reasons. References: Asian Human Rights Commission, Hong Kong, Translation of Article published in the Daily Prothom Alo dated Dec. 1, 2006, [ LINK ] Security Watch Online version provided by the International Relations and Security Network: A public service of the Center for Security Studies at ETH Zurich, November 14,2005, [ LINK ] Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Manzil Murshid, executive president of Human Rights and Peace for Bangladesh (HRPB) & advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006, www.cgs-bu.com
Peer Review Comments: The reference to the killing of two judges by the Islamist militants is totally a different issue. The banned Islamist organization JMB said it didn't believe in the existing laws, and it launched a terror attack on the judiciary by serial bombings in August 2004, with a plan to turn Bangladesh into a theocratic state based on the Islamic Shariah law. All the top leaders of the group have been arrested and hanged to death.
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| 78b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases. | ||||||||
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Comments: On Nov. 14, 2005, two judges were killed in a bomb explosion in the town of Jhalokathi, Bangladesh by the JMB (Muslim Militant). JMB are blamed for a series of bomb blasts that targeted courts and government establishments across Bangladesh in order to establish Muslim religious rule in the country. Apart from this incidence, no judges were killed or physically harmed because of adjudicating corruption cases or any other reasons. References: Transparency International, Berlin 2007, Bangladesh: Justice in disarray , Global Corruption Report 2007, [ LINK ] Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Security Watch Online version provided by the International Relations and Security Network: A public service of the Center for Security Studies at ETH Zurich, November 14,2005, [ LINK ] Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Manzil Murshid, executive president of Human Rights and Peace for Bangladesh (HRPB) & advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006, www.cgs-bu.com
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| 79 | Do citizens have equal access to the justice system? | |||||||
| 79a: In practice, judicial decisions are not affected by racial or ethnic bias. | ||||||||
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Comments: References: Transparency International, Berlin 2007, Bangladesh: Justice in disarray , Global Corruption Report 2007, [ LINK ] Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Security Watch Online version provided by the International Relations and Security Network: A public service of the Center for Security Studies at ETH Zurich, November 14,2005, [ LINK ] Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Manzil Murshid, executive president of Human Rights and Peace for Bangladesh (HRPB) & advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006, www.cgs-bu.com
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| 79b: In practice, women have full access to the judicial system. | ||||||||
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Comments: References: Barrister M. Amir-Ul Islam, Paper presented at the Seminar entitled Judicial Reform and Independence of the Judiciary , Aug. 11, 2007. The Daily Star, SC to Rescue Nation from Any Crisis, August 12, 2007, [ LINK ] Asian Human Rights Commission, Hong Kong, Translation of Article published in the Daily Prothom Alo from Dec. 1 ,2006 [ LINK ] Transparency International, Berlin 2007, Bangladesh: Justice in disarray , Global Corruption Report 2007, [ LINK ] Security Watch Online version provided by the International Relations and Security Network: A public service of the Center for Security Studies at ETH Zurich, November 14,2005, [ LINK ] Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Manzil Murshid, executive president of Human Rights and Peace for Bangladesh (HRPB) & advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006, www.cgs-bu.com
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| 79c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it. | ||||||||
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Comments: References: Interview with Manzil Murshid, executive president of Human Rights and Peace for Bangladesh (HRPB) & advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007, at 8.00 p.m. The Constitution of the Peoples Republic of Bangladesh, [ LINK ] Judicial Service Commission Rules, 2007 The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003. Code of Conduct of the Judges of the Supreme Court of Bangladesh, Dhaka, May 2000
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| 79d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it. | ||||||||
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Comments: References: Justice Kazi Ebadul Hoque, Administration of Justice in Bangladesh, Dhaka, 2003. Transparency International, Berlin 2007 Bangladesh: Justice in disarray , Global Corruption Report 2007, [ LINK ] Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Manzil Murshid, executive president of Human Rights and Peace for Bangladesh (HRPB) & advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007 at 8.00 p.m.
Peer Review Comments: The evidence is very rare.
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| 79e: In practice, citizens earning the median yearly income can afford to bring a legal suit. | ||||||||
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Comments: References: BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006 www.cgs-bu.com Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Transparency International, Berlin 2007 Bangladesh: Justice in disarray , Global Corruption Report 2007, [ LINK ] Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Manzil Murshid, executive president of Human Rights and Peace for Bangladesh (HRPB) & advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007 at 8.00 p.m.
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| 79f: In practice, a typical small retail business can afford to bring a legal suit. | ||||||||
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Comments: References: RCBM filed a Public Interest Litigation against the Government of Bangladesh, [ LINK ] Asian Human Rights Commission, Hong Kong, Translation of Article published in the Daily Prothom Alo, Dec. 1, 2006 [ LINK ] BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006 www.cgs-bu.com Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Transparency International, Berlin 2007 Bangladesh: Justice in disarray , Global Corruption Report 2007, [ LINK ] Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Manzil Murshid, executive president of Human Rights and Peace for Bangladesh (HRPB) & advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007 at 8.00 p.m.
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| 79g: In practice, all citizens have access to a court of law, regardless of geographic location. | ||||||||
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Comments: References: Asian Human Rights Commission, Hong Kong, Translation of Article published in the Daily Prothom Alo, Dec. 1, 2006 [ LINK ] BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006 www.cgs-bu.com Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Transparency International, Berlin 2007 Bangladesh: Justice in disarray , Global Corruption Report 2007, [ LINK ] Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Manzil Murshid, executive president of Human Rights and Peace for Bangladesh (HRPB) & advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007 at 8.00 p.m.
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