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room confidentiality rule are not included, then the rate of compliance with this requirement turns lower – 91%).
The monitors as well considered this requirement to be met in cases, when the judges’ chambers served as a
deliberations room (provided that there were no other persons than the judge or judges in that room).
However, from time to time the rule of confidentiality of the deliberations room was breached. Inter alia, the
monitors noted cases when a judge left for the deliberations room, returned without announcing the judgement
and proceeded with hearing another case; or when a third person was present in the deliberations room; or
when the presiding judge announced into the microphone that the court left for the deliberations room but
actually stayed in the courtroom.
From the questionnaire of a monitor in a first instance court of general jurisdiction:
“The judge was in the “deliberations room” together with four court staffers – in reality, it was the court
hearing room” [this is the case when the court, after hearing the case, instead of leaving for the deliberation
room asked all the participants of the trial and monitors to leave the courtroom. However, the court staff
remained in the room, although presence of other persons, except for the judges, in the deliberations room
is prohibited by law].
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Constitution of Ukraine (Article 129):
“The main principles of adjudication are:
… publicity of court proceedings …”..
International Covenant on Civil and Political Rights (Article 14):
“…everyone shall be entitled to a … public hearing by a … tribunal ... The press and the public may be
excluded from all or part of a trial for reasons of morals, public order or national security in a democratic
society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in
the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but
any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest
of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship
of children.”
Convention for the Protection of Human Rights and Fundamental Freedoms (Article 6):
“… everyone is entitled to a … public hearing … by a … tribunal. Judgment shall be pronounced publicly but
the press and public may be excluded from all or part of the trial in the interests of morals, public order or
national security in a democratic society, where the interests of juveniles or the protection of the private life
of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances
where publicity would prejudice the interests of justice”.
Report on the findings of the first trial monitoring programme in Ukraine
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