Why is the conviction rate in drugs cases falling?

The snail's pace at which the judicial system of Bangladesh operates, resulting in lower-than-expected rates of conviction, has been a huge cause of concern for a while now, especially with regard to gender-based violence. Recently, this issue has also been flagged in the Annual Drug Report 2021 of the Department of Narcotics Control (DNC), which found that conviction rates in narcotics cases have been consistently falling over the past eight years. From 64 percent in 2014, the rate came down to 40 percent in 2021.

By delaying these cases, not only are the relevant authorities failing to deal with drugs and related crimes, they are also increasing the chances of innocent citizens becoming caught up in lengthy cases, with little possibility of receiving justice in the near future.

On Monday, this daily also reported on a narcotics case that was stuck in the system for 18 years before the accused were finally acquitted, after the charges against them could not be proven. This, unfortunately, has become a norm rather than the exception. Despite the fact that the DNC appointed 68 prosecutors across the country in 2019 to improve the conviction rate and expedite disposal of long-pending cases, the report found that a total of 73,312 cases are now pending with the court. According to DNC officials and lawyers, faulty case filings, weak investigation and case statements, and absence of credible witnesses are the main reasons behind this sorry state of affairs. Witness statements were particularly mentioned as a thorn on the side of the prosecution, since proof of seizure can only be given via statements and not video footage, which often exists from narcotics raids.

While the Evidence (Amendment) Act, 2022 will soon allow electronic records and digital data to be admissible in court, we find it difficult to understand how it is possible that witnesses for the prosecution – including the officers in charge of seizing narcotics – are failing to show up in court. For example, this daily found court documents of a case where the investigating officer himself did not appear before the court to testify, despite the court issuing several summonses.

This apathy on the part of the people responsible for narcotics control is wholly unacceptable, especially since DNC data suggests that narcotics smuggling, especially of yaba, increased in 2021 when compared with the previous year. Is this also the reason why a substantial portion of narcotics cases seems to be always against smugglers from the lowest levels of the organised groups responsible for drug trafficking? It is no secret that the vast amounts of drugs trafficked into the country require an organised criminal network. Yet, we rarely see high-profile arrests, let alone convictions, in this regard.

We must also remember that no one is guilty unless proven so in court. By delaying these cases, not only are the relevant authorities failing to deal with drugs and related crimes, they are also increasing the chances of innocent citizens becoming caught up in lengthy cases, with little possibility of receiving justice in the near future.