Transparency International (TI) in its Global Corruption Report (GCR) 2007 said Bangladesh failed to ensure full independence of the judiciary and the politicisation of the judiciary is one of the major reasons behind judicial corruption.

The TI also highlighted a number

of other issues including bribery, judges' (except High Court and Supreme Court) bindings to the government, low population-to-judges ratio, huge backlog of cases strangling the judiciary and low salary and benefit structure for the judges.

The TI yesterday disclosed the

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GCR 2007 simultaneously from Dhaka, London and Berlin. Transparency International Bangladesh (TIB) released the report at a roundtable discussion held at Biam Multipurpose Auditorium with its senior trustee Prof Khan Sarwar Murshid in the chair.

TIB treasurer M Hafizuddin Khan moderated the session while Executive Director Dr Iftekharuzzaman presented the GCR 2007.

Among others, Justice Mahmudul Amin Chowdhury, Justice KM Sobhan, Prof Moniruzzaman Mian, Justice Abdur Rouf, Justice Golam Rabbani, Awami League Presidium Member Suranjit Sengupta, Col (retd) Shawkat Ali, Dr Enamul Haque and Taleya Rehman spoke.

"Two thirds of the people who used a court in 2004 paid bribes, with the typical bribe amounting to 25 percent of average annual income," the report says, adding that judicial reform is underway but unfolding slowly and sometimes with limited effect.

It also said, "77 Supreme Court justices and 750 other judges cover a population of nearly 150 million and the salary structure for the judges in the countryside is insufficient, and discourages capable people from joining the judiciary."

According to the report, "Judicial corruption erodes the foundation of the society as it allows criminals to go unpunished, destroying effective governance and democratic participation. It diminishes trade and economic growth also."

"Ordinary people suffer from judicial corruption as demanding bribes for a speedy trial erodes the rule of law and undermines confidence in the justice system," the report says, adding that an impartial judiciary must be based on transparency.

"Judicial and prosecutorial appointments and removals must be transparent, independent of the executive and legislative branches and based on experience and performance," the TI report says.

The TI recommended that journalists must be able to monitor and comment on legal proceedings freely, bringing reliable information on laws, propose changes in the legislations, court procedures and judgements to the public.

"The prosecution must conduct judicial proceedings in public and publish reasons for decisions," the TI suggested.

Suggesting the set up of "elders council" that would be composed of three former chief justices to appoint justices, former chief justice Mahmudul Amin Chowdhury said corruption has taken a turn into "blood cancer" and it would not be eradicated if nepotism, favouritism are not stopped.

He also said, "The chief justice should be provided with more power so that he can take actions against the corrupt people in judiciary," adding that judges should be given the opportunity to work independently.

"The chief justice should also be strong in keeping the district judges corruption free," the former chief justice observed rejecting any links between corruption and the provision to make former chief justices the chief of caretaker government.

Emphasising the need for "human quality" improvement of the judges, Prof Khan Sarwar Murshid said judges should be provided proper training.

He also said the judiciary should be a self-regulating body and a responsible press might act as the guardian.

"No institution can sustain ignoring the society but many things were done in last 20 years keeping the people in the dark," he said.

Calling on finding out ways to remove the inefficient justices, Justice KM Sobhan said systematic changes are necessary in the judiciary and the Bar Council should get more power and salaries of the judges should be increased.

At this point Suranjit Sengupta

said, "I hope the chief justice will write for forming Supreme Judicial Council without making any delay."

"Elders Council might be formed if there was no legal complexity or the decision might come from the people," he said regarding the removal procedure of a judge. He said everyone should work together to make the society corruption free.

Prof Moniruzzaman Mian also asked for bringing changes in the system and said judges' appointment system is the root of all evils so it should be changed.

Justice Abdur Rouf stressed "human quality" of all involved in the judicial process to eradicate corruption and also developing the judicial system.

Justice Golam Rabbani stressed the need for strengthening local government institutions to eliminate corruption from all levels of society.

Recommendations of TI: The TI in its recommendations to strengthen judicial independence and fight judicial corruption said an independent judicial appointment body should be at the heart of the judicial selection process and judicial appointments should be merit based, with clear and well-publicised election criteria and candidates should have competence and integrity. The civil society should be consulted on the merit of candidates.

"Judicial salaries should reflect experience, performance and professional development, protection to safeguard salaries and working conditions and judicial transfer should be based on objective criteria," the report said.

According to the report, judges should receive limited immunity for actions relating to judicial duties, an independent body should rigorously investigate allegations against judges and the removal process should be transparent and fair.