TABLE OF CONTENTS EXECUTIVE SUMMARY I. INTRODUCTION 1.1. National and International Commitments and Obligations on the Right to a Fair Trial 1.2. Value of Trial Monitoring 1.3. Legislative Developments Relevant to the Judiciary during the Trial Monitoring Programme 1.4. Goals and Objectives of the Trial Monitoring Programme 1.5. Procedure and Time-line 1.6. Methodology 1.7. Reporting 1.8. Methodological Disclaimer II. INSTITUTIONAL CONDITIONS AND PROFESSIONAL PERFORMANCE OF PARTICIPANTS 2.1. 2.2. 2.3. 2.4. Introduction and Overview of Judiciary Organization Court Premises and Facilities Organizational Shortcomings Professional Performance of Participants (Judges, Prosecutors and Defence Lawyers) 2.5. Quality of Supporting Court Staff (Court Clerks and Interpreters) III. FAIR TRIAL AND ASSOCIATED RIGHTS OF THE DEFENDANT 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. The Right to a Public Hearing The Right to an Independent and Impartial Tribunal The Right to a Fair Hearing The Right to Trial within a Reasonable Time The Right to be Presumed Innocent The Right to Legal Assistance and the Right to Adequate Time and Facilities 3.7. The Right to an Interpreter 7 11 11 12 13 15 16 17 20 23 25 25 27 30 36 43 49 50 53 55 59 60 62 68