system of government they represent an independent power assigned the higher task of guarding democratic values, the rule of law and human rights. Judges should make every effort to raise ethical standards to ensure solemn, even-handed and effective case handling and resolution. Infrastructural Problems Monitors observed inadequate court houses, including buildings not fit for the purpose of a court; buildings in disrepair; buildings with poor acoustics; and buildings lacking space and necessary equipment and facilities such as public restrooms. Over and above the inconveniences these conditions ��������������������������������������������������� create��������������������������������������������� , they��������������������������������������� diminish the dignity and authority of the institution of the court. Poor���������������������������������������������������������� �������������������������������������������������������������� conditions also cause systemic difficulties in observing defendants’ rights to public and fair hearings and victims’ rights to physical security, privacy and respectful treatment. A high percentage of hearings were held in judges’ offices that could not accommodate the public. In such cases, many judges do not observe procedural requirements, do not wear robes, answer phone calls, and allow the hearings to be interrupted by outsiders. The principal reason for holding hearings in judges’ offices is the lack of sufficient courtrooms. Another reason in winter is the cold temperature, as small offices retain more heat than larger courtrooms. Some judges or court clerks appear to prefer to hold the hearings in the judges’ offices even when courtrooms are available. Holding hearings in the judges’ offices affect negatively not only the right to public hearings, but also the judges’ attention. Because none of the courts monitored had separate entrances or waiting rooms inside the courthouse designed for victims and witnesses, victims and witnesses were often exposed to traumatizing and unsafe contact ���������������������������������������������������������������� with���������������������������������������������������� defendants’ relatives and supporters. This problem is aggravated by systemic delays that sometimes cause case resolution to continue for extended stretches of time. On the appellate level, the problem is exacerbated by the practice of scheduling numerous hearings for the same time. Poor court infrastructure conditions necessitate holding defendants handcuffed or in metal cages throughout the hearing. In some cases monitors noted that defendants were held handcuffed or in metal cages throughout the hearing without ��������������������������� justification�������������� given by the judge. Fair trial standards require that no attributes of guilt should be borne by the accused during the trial������������������������������������������� to ensure presumption �������������������������������� of their innocence. Minutes of court hearings, an essential procedural document to ensure fairness, continue to be taken manually by court clerks. This obsolete method combined with the professional laxity of court clerks results in serious irregularities. During numerous hearings clerks did not take minutes at all. In certain instances court clerks requested that a trial participant sign a blank piece of paper, informing him or her that the statements would be written later. When minutes were taken, court clerks worked slowly, interrupting trial participants to ask for repetition. Interruptions cause incomplete or inaccurate testimony, as trial participants lose their line of thought. During some hearings the judge orally instructed the court clerks what to write in the minutes or statements, often incompletely paraphrasing what had been said. These practices raise concerns about the accuracy of minutes and of statements and consequently of the fairness of hearings. 78