questions for analysis are provided below. When providing analysis of proceedings, reference should be made to specific CPC provisions to ground your analysis in the applicable code provisions. In some cases, serious breaches of CPC provisions or other practices may give rise to a potential violation of fair-trial standards or human rights. When this occurs, specifically identify the factual and legal basis for the breach of the international standard. A. Compliance with CPC deadlines and delays Explanation: The observance of procedural deadlines and avoidance of delays is essential to ensure the effective and fair administration of justice – justice delayed is justice denied. Results of trial-monitoring so far suggest that failure to meet specific procedural deadlines and delays in the completion of proceedings are common. The evaluation of this problem, including analysis of what actors and/or factors contribute to delays, will permit a better assessment of the reasons for delay. In identifying problems associated with the timing, keep in mind that delays may occur even where there is no breach of a specific CPC provision, e.g., when the court schedules staggered trial hearings every 30 days, or delays occur due to inadequate witness summons procedures. These delays result in systemic rescheduling of hearings and delayed proceedings even though no specific CPC deadline has been breached. In other cases, very significant delays or non-compliance with CPC deadlines may rise to the level of a violation of the defendant’s right to trial within a reasonable time. Monitors should assess each delay or violation of a deadline in a critical fashion with reference to: the appropriate CPC provision(s), who or what circumstances are responsible for the delay, the remedies or sanctions available to the court against those who are responsible, and whether such remedies are exercised and to what effect. Relevant Criminal Procedure Code Provisions: 13 RS/14 FBiH4 Right to trial without delay. 210 RS/226 FBiH Prosecutor, defence lawyer, or legal representative of an injured party may be fined for prolonging the criminal proceeding. 236 RS/244 FBiH Provides for a trial to be scheduled no later than 60 days from the entering of the plea of not guilty. An extension of up to 30 days may be granted in exceptional circumstances. 257 RS/265 FBiH Reasons for adjournment of the main trial. 259 RS/267 FBiH Reasons for recess of main trial. 292 RS/301 FBiH Provides for a maximum delay of three days from the completion of the trial to the announcement of the verdict. 295 RS/304 FBiH The written verdict must be prepared within 15 days (exceptionally 30 days) from the announcement of that verdict. 321 RS/330 FBiH Appeal against first-instance verdict: If the accused is in custody, the appeal must be decided within three months of the court’s receipt of the appeal documents. Relevant questions: Have deadlines been observed? If not, how significant are the subsequent delays? What actor (prosecutor/defence/judge/accused) is causing or contributing to the delay? Is the judge utilizing the court powers to sanction the prosecution/defence/witness for failure to appear and to order apprehension where appropriate? Are other factors contributing to delays such as the system for the service of court papers and summons? What is the basis for adjournment requests? Are staggered trial hearings scheduled and why? Does the delay merely affect court efficiency or does it rise to the level of violating the defendant’s right to trial within a reasonable time, for instance when the accused is in custody or the delay prejudices the accused’s ability to defend himself? Trial-Monitoring: A Reference Manual for Practitioners 77

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