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The data �� show no �� significant relationship between the�� ratio of judges to courtroom�� s and�� the� percentage�� of hearings held in courtrooms. �� In�� Buiucani District Court�� ,�� with 17 judges and 2 courtrooms, 29% of hearings were held in the courtrooms�� ;�� in the Riscani District Court, with 17 judges and 3 courtrooms, 22% of hearings were held in the courtrooms. �� In�� Botanica District Court with 16 judges to 3 courtrooms, 21% of hearings were held in the courtrooms��. In Ciocana �� District Court, with 12 judges and 2 courtrooms, 37% of hearings were held in the courtroom. �� In the Southeast: in �� Căuşeni District Court, with 6 judges and 2 courtrooms, 38% of hearings were held in the courtrooms�� . 91% �� of hearings �� were held �� in courtrooms �� in the Anenii Noi District Court, with 5 judges and 2 courtrooms. The data reinforced monitors’ observations that often hearings are held in judges’ offices not due to external�� reasons such as lack of available courtrooms, but to judges or clerks’ preferences to hold hearings in the judges’ offices. In addition to the lack of courtrooms, there are problems with those�� which�� exist. Many are in poor condition�� ,�� with old and unstable furniture and dirty tapestries, some of which are fixed to the walls with scotch tape. The corridors are in similar condition, poorly lit and dusty. These conditions are particularly characteristic of courts in Chişinău. Renovations were �� undertaken� during the TMP in the Buiucani, Centru and Rîşcani District Courts in Chişinău, the Căuşeni District Court and Bender Court of Appeals in the Southeast�� . However, the work was�� carried out during working hours without alternate working space, so that the parties were waiting in corridors with�� construction noise, dust, and dangerous �� conditions�� surrounding�� them. The poor conditions of the courts have a negative impact both on judges, who cannot ensure the required solemnity in the courts�� ;�� and parties. Judges frequently expressed their dissatisfaction with court facilities, asking monitors to note in their reports the lack of courtrooms, poorly equipped offices, insufficient number of chairs for the parties, absence of space for the public, missing door handles and leaky roofs. In contrast to the general state of disrepair, the offices of a few judges stand out for their comfortable appointments. Despite these isolated cases, the general atmosphere in courthouses in Chişinău is far from conducive to solemnity and dignity. Conditions in�� the District Courts and the Bender Court of Appeals in the Southeast seem to be better, although monitors noted that not all courtrooms have all the �� attributes required by law�� ;�� e.g., not all courtrooms have the national flag or coat of arms. Monitor�� s observed�� that the courts monitored lack�� ed�� adequate equipment. Not all courts have �� the basic�� video or audio equipment necessary for examining video or audio materials in a case. This problem was noted in the First TMP Report and continued throughout the monitoring. In one case, the judge had to postpone a hearing when�� the prosecution �� needed to �� present evidence in video format. Heating is a problem. �� M�� onitors noted that �� in winter �� the temperature in judges’ offices was more or less acceptable (using electric heaters), but the temperature in the courtrooms and corridors was very cold. This was often given as the reason for holding a hearing in the judge’s office rather than in the courtroom. 29

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ODIHR (2010) Trial Monitoring Programme for the Republic of Moldova: Final Report

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Name of the author: https://www.osce.org/files/f/documents/9/c/70945.pdf

Country

Europe: Moldova

Theme

Procedural safeguards: Procedural safeguards - general

Language: English

Source

Organization for Security and Co-operation in Europe (OSCE): Office for Democratic Institutions and Human Rights (ODIHR)

Document Type

Report: Thematic Report

Year

2010

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70945.pdf
English
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Atlas of Torture

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ODIHR (2010) Trial Monitoring Programme for the Republic of Moldova: Final Report

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