Chapter iv Right to a Public Hearing
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checklist: Right to a public hearing
1. Have the public or press been excluded from any part of the oral hearing?
a) Was the decision to exclude the public announced by the Court in public session?
b) Was the Court’s decision discussed as preliminary question with the parties in
camera? Were only certain categories (such as media) excluded from the hearing?
3. If the public was excluded from the hearing, have any of the following reasons been
given for exclusion of the public:
a) interests of morals;
b interests of public order;
c) nterests of national security;
d) interests of the private lives of the parties; or
e) prejudice to the fairness of the trial?
4. If the public was excluded from the hearing, is there anything to suggest that the exclusion of the public was:
a) not required by those interests;
b) involved a greater level of exclusion than necessary to safeguard those interests
(i.e., it was disproportionate); or
c) involved an automatic exclusion of the public without regard to the particular
situation?
5. If the public was excluded from the hearing, was this explained to be because the parties in the proceedings had waived their right to a public hearing?
If so:
a) did the parties clearly waive this right (either expressly or tacitly)?
b) were safeguards implemented to ensure that the hearing would proceed in a fair
way (such as recording of proceedings)? and
c) is there anything to suggest that holding the hearing in private was contrary to an
important public interest?
6. Were there any practical obstacles that prevented the observation of the hearing by the
public?
a) Where did the court session take place?
b) Was the schedule of the case (including date, time and venue) available on the
information board at the entrance of the court building? If not, was it placed in
another publicly accessible and visible place (please specify)?
c) Was the room size adequate to accommodate all of the participants of the case?
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