system of government they represent an independent power assigned the higher task of
guarding democratic values, the rule of law and human rights. Judges should make every
effort to raise ethical standards to ensure solemn, even-handed and effective case handling
and resolution.
Infrastructural Problems
Monitors observed inadequate court houses, including buildings not fit for the purpose
of a court; buildings in disrepair; buildings with poor acoustics; and buildings lacking
space and necessary equipment and facilities such as public restrooms. Over and above
the inconveniences these conditions ���������������������������������������������������
create���������������������������������������������
, they���������������������������������������
diminish the dignity and authority of
the institution of the court. Poor����������������������������������������������������������
��������������������������������������������������������������
conditions also cause systemic difficulties in observing
defendants’ rights to public and fair hearings and victims’ rights to physical security, privacy
and respectful treatment.
A high percentage of hearings were held in judges’ offices that could not accommodate
the public. In such cases, many judges do not observe procedural requirements, do not
wear robes, answer phone calls, and allow the hearings to be interrupted by outsiders. The
principal reason for holding hearings in judges’ offices is the lack of sufficient courtrooms.
Another reason in winter is the cold temperature, as small offices retain more heat than
larger courtrooms. Some judges or court clerks appear to prefer to hold the hearings in the
judges’ offices even when courtrooms are available. Holding hearings in the judges’ offices
affect negatively not only the right to public hearings, but also the judges’ attention.
Because none of the courts monitored had separate entrances or waiting rooms inside the
courthouse designed for victims and witnesses, victims and witnesses were often exposed
to traumatizing and unsafe contact
����������������������������������������������������������������
with����������������������������������������������������
defendants’ relatives and supporters. This problem
is aggravated by systemic delays that sometimes cause case resolution to continue for
extended stretches of time. On the appellate level, the problem is exacerbated by the
practice of scheduling numerous hearings for the same time.
Poor court infrastructure conditions necessitate holding defendants handcuffed or in metal
cages throughout the hearing. In some cases monitors noted that defendants were held
handcuffed or in metal cages throughout the hearing without ���������������������������
justification��������������
given by the
judge. Fair trial standards require that no attributes of guilt should be borne by the accused
during the trial�������������������������������������������
to ensure presumption
��������������������������������
of their innocence.
Minutes of court hearings, an essential procedural document to ensure fairness, continue
to be taken manually by court clerks. This obsolete method combined with the professional
laxity of court clerks results in serious irregularities. During numerous hearings clerks did
not take minutes at all. In certain instances court clerks requested that a trial participant
sign a blank piece of paper, informing him or her that the statements would be written later.
When minutes were taken, court clerks worked slowly, interrupting trial participants to ask
for repetition. Interruptions cause incomplete or inaccurate testimony, as trial participants
lose their line of thought. During some hearings the judge orally instructed the court clerks
what to write in the minutes or statements, often incompletely paraphrasing what had been
said. These practices raise concerns about the accuracy of minutes and of statements and
consequently of the fairness of hearings.
78
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