ADMINISTRATIVE OFFENCE CASES The monitors found out that the suspects and accused persons in each seventh case (14%) were kept in a barred cage in the courtroom. At the same time, the requirements of the Criminal Procedure Code and the respective practice of the European Court of Human Rights do not allow keeping persons in barred cages. The absence of need for cages is confirmed by the fact that 98% of the defendants did not show any signs of aggression and could safely stay near their defense counsel without any danger to other persons present in the hearing room. As a rule, in first instance courts and courts of appeal the defendant was handcuffed only while being escorted into the courtroom. In one case in a first instance court the defendant was handcuffed for the whole duration of the hearing. From the questionnaire of a monitor on a criminal case (on execution of the sentence): “The convict stayed handcuffed for the whole duration of the hearing. He was also forced to stand all the time since he was not provided with the possibility to sit [the court heard the case in the judges’ chambers]”. As a rule, the judges follow the rules of interrogating witnesses in criminal proceedings. From the questionnaire of a monitor on a criminal case: “In general, the hearing took place while all the norms and standards were observed, the judge was very attentive during the hearing and took notes, specified facts provided by the witness and tried to calm down the witness who became too agitated”. According to the provisions of the Criminal Procedure Code, the testimonies of witnesses are one of the sources of evidence in criminal proceedings and must be provided directly in court. The minutes of witness’s interrogations conducted at the pre-trial stage should not be taken into account by the court. The conducting of the interrogation of witnesses according to the requirements of the law has a decisive influence on the outcomes of criminal proceedings. The judges mostly comply with this requirement. However, in 6 cases the monitors noted that the court, in contrary to the law, did not remove a witness who arrived before the beginning of the interrogation from the courtroom. ADMINISTRATIVE OFFENCE CASES The monitors visited a total of 126 court hearings where the cases on administrative offences were considered. In first instance courts they visited 81 hearings, 45 126 COURT HEARINGS 81 while in courts of appeal – 45 hearings. Report on the findings of the first trial monitoring programme in Ukraine 51