November 30, 2012 - Bangladesh was ranked the lowest out of 97 countries on a scale
measuring civil justice, in a report published on Wednesday by the global organization
World Justice Project. The Rule of Law Index 2012 showed the country performing poorly
in nine areas that influence the establishment of rule of law, including the justice
system. Bangladesh ranked 87th in limited government powers, 89th in absence of corruption,
72nd in order and security, 87th in fundamental rights, 89th in open government, 90th
in regulatory enforcement, 97th in civil justice and 83rd in criminal justice. Father
Albert Rozario, a lawyer and secretary of the Bangladesh Catholic Bishops’ Commission
for Justice and Peace, says the report reflects reality. “When in power, political
parties appoint loyalist judges and officials, so they usually don’t deliver judgments
against ruling party activists even if they are guilty,” said Fr Rozario. He said
21 death row inmates have received presidential clemency since the ruling party took
power in 2009. The priest also said rule of law is absent in Bangladesh because what
law there is often favours the rich and powerful. “Top lawyers don’t take the side
of the poor and oppressed, because they can’t pay them well. Corruption is also widespread,”
Fr Rozario said. Nasiruddin Allan, chief executive of Dhaka-based rights body Odhikar,
agreed. “The judiciary is highly politicized, and the law doesn’t serve poor and rich
equally. If you visit any jail in the country you will find 98 percent of inmates
are poor, mostly implicated on false charges. Rich people get out of jail easily on
bail,” he said. Shahidul Haque, secretary of the Law and Justice Ministry, declined
to comment on the “politicizing of the judiciary,” but denied that inequality before
the law is a problem. The report is the result of five years of intensive development,
testing, and vetting. It is based on interviews with 97,000 members of the public
and more than 2,500 experts in 97 countries and jurisdictions.