Potential of D C C Management System to fight Corruption in judiciary
Corruption in the judicial system is a severe global problem. Where most of the developed and least developed countries of the world have been able to eliminate corruption from their judiciary, Bangladesh is yet to able eliminate corruptions from and within its different organs of the judiciary.
According to a report of Transparency International Bangladesh on 2013, the Judiciary of Bangladesh is one of the most corrupt-service sectors where the judiciary is meant to play a strong role in order to eliminate corruption from all other organs of the state.
For removing such corruptions within this sector, most of the developed countries of the world have launched e-justice system to ensure fair trials without any irregularities and corruptions. As a vital part of it, they emphasized on digitalized or computerized court case management system (DCCMS) to battle judicial corruption. Bangladesh can also introduce this system in order to eliminate corruptions from its Judiciary.
The DCCMS works by preserving and processing every court documents electronically through using advanced computer technologies. The CCMS gives a way out to advance process and procedures that can battle all sorts of judicial corruption throughout the world. DCCMS can be used to assist different courts of justice to manage their daily necessary works. Prevention of data corruption is also protected by this system. To some extent, some developed countries are still fighting a lot to eliminate corruption from judiciary by using DCCMS.
In recent years, the judiciaries of most of the developed countries have already introduced 'Task Events Timeline Software System' to computerize all courts documents where task events are automatically created and tracked as documents are received and produced. That was possible because of recent revolutionary advances in computer software and hardware systems.
Case backlog is one of the main catalysts behind the opportunity of doing corruptions in Judiciary. The aggrieved party pays court fees and other necessary costs in order to get the justice to be served within the stipulated time. But when justice is delayed, paying the cost is fruitless. Since the DCCMS is based on an event-task model, when an event such as a document filing occurs, an automatic task is sent to the appropriate person's list. Here the individual assigned officer has no scope to make any unnecessary delay. That task then appears on the person's list as determined by court rule.
In the courts of USA, the system is driven by a control menu of the computer that shows on the screen. The control menu consists of search options, assigned tasks, self-created tasks, and navigation of data by date. The tasks assigned or created by the judge or court staffs are listed in the Assigned Tasks filed. Every task consists of the case number, deadline, and codes that help users recognize what kind of task needs to be done.
If the task is not performed by that person, after a prescribed time period, a notification is sent to the monitoring authority or supervisor. Eventually, if it is not addressed, it is sent to the presiding judge and potentially to a national level.
However, what if the clerk or judge "pretends" to do something on the system? The DCCMS already produces 'Task Event Reports' by the system-user to determine if work is being completed by the assigned person on schedule. This information can be automatically reported to the staff or judge's superiors.
Another development of this globally built system is 'Document Verification'. Document falsification, duplication, nonproduction, and thereby causing delay are some tricks used by judicial officials to manipulate paper-based record in order to solicit and obtain bribes and other non-monetary benefits. All of these documents can be crossed check via the DCCMS.
There have been instances where corrupt officials have deliberately created documents that introduce errors and delay case disposition. Since all court-generated documents are created through the CCMS and electronically stored in the system, it will be possible for supervising judges and corruption investigators to quickly and easily examine and compare official documents from a central office.
The Computerized or Digitalized Court Case Management System of Bosnia Herzegovina is the first national court automation system in the world where creation and storage of court produced documents is a mandatory part of its operation. This means that a court-generated document is not considered official unless it is created and stored via the DCCMS. These all are the gigantic technological developments in the world's judiciary.
If the judiciary of Bangladesh is able to launch DCCMS in every court it will bring a revolutionary change in reducing case clogs where Bangladesh will be able to regain a trustworthy and effective judicial system free from corruptions.
M. A. Sayeed Shuvo is a Lecturer of Law & Human Rights, Varendra University, Rajshahi. He is currently conducting a research titled "E-judiciary in Bangladesh: Challenges and Prospects".