41. Given the increased reports by network members of the use of trial waiver systems in jurisdictions across the globe, and in light of the human rights challenges identified as arising from the operation of plea bargaining in the US, Fair Trials embarked in 2015 on a project to map the global use of trial waiver systems. The research sought to examine the adoption and use of trial waiver systems in jurisdictions worldwide, to analyse the various forms such systems take, to identify the safeguards that different jurisdictions are employing to protect human rights and to highlight examples of good and bad practice. Working together with its pro bono partner Freshfields, Fair Trials has gathered information on trial waiver systems in 90 jurisdictions, covering all six major continents. Methodology 42.  The research commenced in July 2015, and was conducted in two phases. The first phase involved asking lawyers across the globe to respond to a survey requesting high level information on the law and practice of trial waiver systems in their respective jurisdictions. From July 2015 to March 2016, questionnaires were distributed to local lawyers in over 100 countries with responses received from 90 jurisdictions spanning six continents.63 43. The survey circulated in Phase 1 included questions on whether a trial waiver system (as defined) exists, and if so: • what laws and/or policies govern the system; • when the trial waiver system was introduced; • the reasons for introduction of the trial waiver system; • how commonly the trial waiver system is used; and • how the trial waiver system works in practice. 44. The second phase of the project involved conducting an in-depth review of the trial waiver systems in eight jurisdictions (Georgia, Germany, Mexico, New Zealand, Russia, Serbia, Singapore, and South Africa) by sending detailed surveys to experts in the field in each jurisdiction. The jurisdictions were selected based on the results of the Phase 1 questionnaire responses and to ensure that different types of trial waiver systems and legal systems, as well as a wide geographical spread, were captured. Further, Phase 2 surveys were obtained in relation to Poland, Spain, the Czech Republic, Greece, Lithuania, and Hungary using Fair Trials’ own network of fair trial experts in the EU. Interviews were also conducted with experts in a number of other jurisdictions, including Georgia, Ukraine, and Brazil. 63. Albania, Angola, Argentina, Armenia, Australia, Austria, Bahrain, Belarus, Belgium, Bolivia, Bosnia & Herzegovina, Botswana, Brazil, Canada, the Cayman Islands, Chile, China, Colombia, Congo DR, Costa Rica, Croatia, the Czech Republic, Denmark, Egypt, England & Wales, Equatorial Guinea, Estonia, Ethiopia, Finland, France, Georgia, Germany, Ghana, Greece, Guatemala, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Italy, Japan, Jersey, Kazakhstan, Kenya, Liechtenstein, Lithuania, Luxembourg, Macedonia, Madagascar, Malaysia, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, the Netherlands, New Zealand, Nigeria, Norway, Pakistan, Peru, the Philippines, Poland, Portugal, Qatar, Romania, Russia, Saudi Arabia, Scotland, Senegal, Serbia, Singapore, South Africa, South Korea, Spain, Sweden, Switzerland, Tanzania, Thailand, Turkey, the United Arab Emirates, Ukraine, the US, Vietnam, Zambia and Zimbabwe. 22.

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