Chapter iii Right to a Hearing by a Competent, Independent and Impartial
Tribunal Established by Law
75
f) Were there any legal grounds according to which a judge should have been disqualified from the case?
g) Was a trial judge involved in rendering a previous decision in the same case?
h) Was there a complaint submitted with regard to the court’s impartiality?
6. Are there any factors which cast doubt on the independence of the tribunal or the
impartiality of the judges? (For example, the judge receiving phone calls during the
proceedings, the judge communicating with the prosecutor or defense counsel prior to
the hearing or between the hearings, family relationship, the judge inviting the defense
counsel or prosecutor to his/her office or deliberation room prior to or during the deliberations, etc.)
7. In the case of a criminal trial, is the prosecutor independent (autonomous) and has s/
he exercised the prosecutorial function in a way that is absent of personal bias or undue
influence from the executive?
8. Where contempt of court procedures have been invoked by a judge, has this been limited to the purpose of ensuring the proper and orderly functioning of proceedings?
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