The Bhutanese Leading the way.
The Office of Attorney General (OAG) has raised concerns about the high attrition rate affecting their ability to effectively review cases. As of 31 October, OAG has received a total of 786 cases involving 1,450 defendants. Of these, 748 cases were referred from the Royal Bhutan Police (RBP) with 1,299 defendants, while the Anti-Corruption Commission (ACC) forwarded 25 cases involving 131 defendants. Additionally, 13 cases were referred by various ministries involving 20 defendants.
An official from OAG revealed that a significant number of cases referred from the ministries were originally received from the dzongkhags, primarily related to civil cases.
On average, OAG receives four cases per day, covering a range of offenses. Drug related cases topped the list with 342 cases, followed by 99 cases of battery, 64 cases of burglary and 63 cases of rape.
The drug cases are the highest cases received; with 38 cases received in August, 30 cases in September and 54 cases in October.
The high attrition rate experienced since 2022, has placed an immense burden on the Department of Justice, particularly its two divisions, namely the prosecution and litigation division.
Prior to the attrition, lawyers were handling an average of 70 cases a year. However, due to the increased workload, this number has been reduced to 50-60 cases per lawyer which they are still finding difficult.
Cases involving children, individuals under detention and those released on bail are given priority, but the strain on the justice system persists.
To mitigate the staffing shortage, OAG recently recruited 10 lawyers on a permanent basis and an additional 15 on a contractual basis between January and February 2023. This move aims to alleviate the burden caused by the departure of numerous attorneys, including those who left for the EOL, as well as several resignations in 2022.
In 2022, OAG recorded a total of 659 prosecutorial referrals from investigating agencies. Of these referrals, 623 cases involving 1,139 defendants were forwarded by RBP, 27 cases involving 130 defendants were referred from the ACC, and 9 cases involving 31 defendants were made by other government agencies.
Thus, the office recorded a rise in cases from 544 cases involving 939 defendants referred in 2021 to 659 cases involving 1,300 defendants in 2022.
The high case load is also leading to delays in prosecuting cases as the review has to be done first.
