| Interviews with Judges (one each district) | ||||||
| Interview Date | 04.12.2013 | 26.11.2013 | 1.12.13 | 26.11.2013 | 25.11.13 | |
| Q. No. | Questions | Comilla | Gopalgonj | Madaripur | Mymensingh | Rangpur |
| 1 | For how long does the court sit each day? | 6
-8 hours > Depends on case number |
4 hours | 6 -8 hours | 4 hours | 6-8 hours >Administrative work: 9.00-9.30, and 16,30-17.00. Court related work, 9.30-13.30, and 14.00-16.30. 6h30min. (These are official hours, but in reality they work shorter hours). |
| 2 | How many cases do you deal with each day? | 50 - 100 > more or less |
30-50 hearings | 100-200 | 100-200 | 50 - 100 Both civil and criminal. |
| 3 | What is the proportion of criminal to civil cases at the level of Dis/Sess Court | Criminal
65% Civil 35% |
Criminal
60% Civil 40% |
Criminal
70% Civil 30% |
Criminal 50% Civil 50% |
|
| 4 | What proportion of cases do you think are false? | Some | Some | Some | Not Applicable | 10% in court. |
| 5 | What is the average time it takes to complete a criminal trial in Sessions Court, from start to verdict? | 6 months to 1 year. > Sometimes take more than 2 years, it depends on nature of case. |
More than 2 yrs. | The disposal of a case depends on the appearance of the witness. In which cases witness appears it is possible to dispose of those cases within 90 days. | Time varies based on the merit of the cases | 6 months to 3 years |
| 6 | What proportion of accused are represented by a lawyer at trial | Most | Most | All | Most | All |
| 7 | What proportion of trials end in a Guilty plea in Sessions Court? | Very few | Very few | Very few/never | Very few | Only 1% |
| 8 | What proportion of criminal trials are compounded? | Less than half. | Criminal cases are not compoundable, but civil are 100% compoundable | Very few/never | Very few | None in sessions court, and 10% in Magistrate Court. |
| 9 | Is there a mechanism for pre-trial review where prosecution and defence can discuss plea, evidence and witnesses? | Very few | Never | Every case/during the framing of charges | No | |
| 10 | If Yes: in the last 12 months, in what kinds of cases has this been used? | No | N/A | there is no such type of hearing | ||
| 11 | If No:Would such a pre-trial hearing help in managing the caseload? | In fact we wont understand if this strategy is not applied. | Yes | Yes | Yes | Yes |
| 12 | How many times is a case adjourned in Sessions Court from start? | 25 times. Sometimes less. | 25 - 50 | depnds on appearences of witness, appearance of criminals and willfulness of the lawyers to conduct the case. | 25 - 50 | 10-25 > 10 to 15 in a murder case. |
| 13 | What is the main reason for adjournments/postponements? Do NOT read answers | Non appearance of witness | application of lawyer | non appearance of witness | Non appearance of witness | |
| 14 | What proportion of accused are women? | 5% | Less than 5% | Less than 5% | 5-10% | |
| 15 | What is the main offence for which women face trial? | Assault, smuggling | Narcotics and Nari o Shishu | narcotics related and women & children oppression related | Narcotics, Murder | Drugs, murder, s.304 (culpable homicide not amounting to murder) |
| 16 | Where an accused appears to be under 16, what steps are taken? | Children sent to correction center. | Children sent to juvenile court | either released on bail or send to the correction center. | Trial Under children act | Give them bail, and sometimes send to Tongi for correction. |
| 17 | Do you apply the Children Act of 2013? | No | Yes | Yes | Yes | |
| 18 | Do your judges have any traning on how to apply the Children Act 2013? | N/A | No | N/A | No | Yes, From Judges Association Training Institution |
| 19 | If you are not applying the Children Act 2013, why not? | Was not aware of it and there are no directives | Not Applicable | Was not aware of it and there are no directives | ||
| 20 | Which Special Tribunals are functioning in the district? | NoS tribunal. | Speedy Trial Tribunal and Nari o Shishu tribunal | Nari o Shishu, presided by the honroable sessions judge | NoS Mobile court |
Every 1st class magistrate court. |
| 20a | Does it have a special court room? | Yes | No | No | Yes | No |
| 21 | Is there a mechanism for the judiciary, police, prisons, prosecutors, Bar, NGOs to meet regularly to discuss the local justice situation? | No | Yes | Yes | Yes | |
| 22 | Is there an inspection mechanism supervising the work of the courts? | Yes | Yes > The district and ssessions judge supervises this regularly |
Yes | Report to High Court every Month | Yes |
| 22a | If yes, how often does the mechanism visit in a month? | The honorable justice are responsible for this. | supervised by the Supreme Court & Ministry of Law,Justice & Perlamentery affairs | Inspector visits the subordinate courts, on an irregular basis. Sometimes judges from Supreme Court visit the subordinate courts as well. | ||
| 23 | What are the most important challenges in the criminal justice system from the point of view of the judiciary? | 1. Non appearance of witness in due time. 2. Police investigation do not take place in time thus increases case back log. |
1.
The advocates/lawyers have a tendency to lengthen the cases. 2. System is problematic. 3. The advocates should be accountable. |
1.
Court cannot compel witnesses to appear. Depened on police devison. 2. Investigation takes long time. 3. there is no provition of compounding for dowry cases under NoS act |
1.
Judges number is inadequate compare to cases
2. Weak Investigation system 3. lawyers are less friendly 4. Failure to appear the witness |