Human rights observers maintained that lower courts sometimes ruled based on
influence from or loyalty to political patronage networks, particularly in cases filed
against opposition political party supporters. Observers claimed judges who made
decisions unfavorable to the government risked transfer to other jurisdictions.
Observers alleged judges sometimes accepted bribes from attorneys or other court
officials for bail or acquittal in criminal cases.
Corruption and a substantial backlog of cases hindered the court system, and the
granting of extended continuances effectively prevented many defendants from
obtaining fair trials. During the pandemic, media reported many courts were
closed and very few operated virtually, exacerbating case backlogs. In some cases,
defendants remained in custody during the trial for longer than the maximum
custodial sentence of the crime for which they were charged.
Defendants who could not afford an attorney or chose to remain undefended were
not eligible for bail during proceedings. The National Legal Aid Services
Organization offered some services to defendants who could not afford private
attorneys, but access to those services often required burdensome formalities and
extensive periods of time. Many defendants were unaware of these services.
Trial Procedures
The constitution provides the right to a fair and public trial, but the judiciary did
not always protect this right due to corruption, partisanship, and weak human
resources. Legal experts noted prosecution witnesses often did not show up in
court to give oral testimony and there were insufficient judges to handle the
pending case load in a timely manner.
Defendants do not have the right to a timely trial. Indigent defendants have the
right to a public defender, but in many cases public defenders were not well
prepared nor adequately acquainted with the details of the case at hand. Trials are
conducted in the Bengali language; the government does not provide free
interpretation for defendants who cannot understand or speak Bengali.
The government frequently did not respect the rights of accused persons to
confront prosecution or plaintiff witnesses and present their own witnesses and
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