The Bangladesh Justice Audit

The Bangladesh Constitution guarantees human rights, freedom, equality, justice and rule of law for all citizens. Article 33(1) ensures the rights for each citizen to legal support and article 35(3) affirms that every person accused of a criminal offence shall have the right to a speedy and public trial. The existing policy framework of the Government of Bangladesh (GoB) also emphasizes good governance. The Government in association with various national and international partners is wholeheartedly working to achieve its commitments in the Constitution, legal and policy framework. However, the criminal justice system in Bangladesh is still facing challenges. Courts have millions of cases backlogged and prisons are over 200% capacity. Approximately 70% of prisoners have not been convicted and many are poor, vulnerable, and lacking legal representation or knowledge. Reports over the last decade have pointed to a wide range of shortcomings. Whilst good efforts have been made in institutions, the interdependencies within the system call for a more holistic reform strategy. A consensus view is that 'Doing Nothing is not an Option'. Before embarking on a process of reform, the GoB determined to establish what is happening in the system, where the gaps are and blockages to delivery of these services. It commissioned a Justice Audit of the criminal justice system in five districts. This Experience paper sets out how Government, through the Deutsche Gesellschaft fur Internationale Zusammenarbeit (GIZ) GmbH, and with the support of the German Federal Ministry for Economic Cooperation and Development (BMZ) and the Department for International Development (DFID), went about this Justice Audit, what it found and what it did with the findings.