74 Legal Digest of International Fair Trial Rights checklist: Right to a hearing by a competent, independent and impartial tribunal 1. Is the tribunal established by law? a) Is the framework for the judicial system established through law emanating from Parliament, under which the judicial organization is sufficiently regulated? b) Is the particular tribunal composed of judicial officers who have been appointed in full compliance with the requirements of the law? c) In the case of a specially constituted tribunal established for the determination of certain categories of cases, has the tribunal been established on objective and reasonable grounds? 2. Is the tribunal competent to decide matters brought before it? a) Is/are the individual judicial officer(s) suitably qualified and experienced to deal with the case in question? b) Does the tribunal have the authority to make a binding decision that cannot be altered by a non-judicial authority to the detriment of one of the parties? 3. Does the monitored case refer to a civil right or obligation in respect of which no tribunal has competent jurisdiction to make a determination? 4 Is the tribunal independent? a) How are the judicial officers appointed? b) What security of tenure do the judges enjoy? c) What guarantees are there to protect judges from external pressures? d) Does the tribunal appear, to the reasonable observer, to be independent? e) Are there any concerns about the existence of influence, pressure and threats, towards whom and by whom? f) Were there any indications that the court allowed itself to be influenced by popular feeling or by any outside pressure whatsoever? 5. Is the tribunal impartial? a) Has the judge acted in a way that displays personal bias or prejudice, or a predetermination of the case, including by way of giving his/her opinion on the guilt of a person during the trial, inside or outside the courtroom? b) Are there circumstances, such as a potential conflict of interest, that raise a reasonable fear that the judge may not act impartially? c) Is the composition of the court and the parties to the case announced? d) Is the right to challenge the court’s composition explained by the judge? Were the respective motions considered? e) Was the judicial conduct, including both actual and perceived, biased?