Description:
CONCLUSION (part):
"...The five fair trial rights addressed in this report
—
the right to a defence, the
right to adequate time and fa
cilities to prepare a defence, the right to a hearing
by a competent, independent and impartial tribunal, the right to be tried without
undue delay and the right to a public hearing
—
are not the only areas of
concern in Yangon Region?s Township and District
Courts. Nonetheless, the
data relat
ed
to each of these rights reveal
significant
failures in the
administration of justice in criminal cases.
Defence lawyers commonly began representation subsequent to the
inquiry
phase, after crucial proceedings in
court ha
d
already occurred. Even when a
defendant was able to retain a lawyer, numerous systemic barriers interfered
with an effective defence, including lack of professional capacity. Many
defence lawyers remain hesitant to challenge judges out of fear of
repercussions.
The conduct of judges did not always conform to
fair trial standards as
evidenced
by leaving in the middle of hearings, answering phone calls during
hearings or otherwise appearing inattentive. In addition, judges granted
adjournments in m
ore than half of all scheduled hearings
, largely
for avoidable
reasons.
Unofficial fees
,
in addition to
the lack of public access to courts
,
compounds
these problems.
Allegations of
unofficial
payments
were reported during every
stage of the formal judicia
l process including obtaining release on bail,
accessing documents, seeking adjournments, receiving reduced sentences and
securing certified
records
necessary to file an appeal.
Adhering to the highest standards of professional behavio
u
r would go a long
way toward improving the rule of law and the public?s trust in the judiciary.
Township Courts are the first, and usually only, contact that defendants and
their family, friends, and other participants (such as testifying witnesses) have
w
ith the formal court system. If defendants and others perceive the court
system as biased
,
they will be less likely to comply with fair trial standards
themselves, further undermining the judiciary.
Publicity through the presence of media and, in particula
r, the presence of
trained observers knowledgeable in applicable fair trial rights, can serve as an
essential public confidence
-
building measure.
138
To address the concerns discussed above, Justice Base
calls on the Myanmar
Government, including the Office of the Supreme Court of the Union, the
Union
Attorney General?
s Office and
the Ministry of Home Affairs to
implement
a comprehensive reform program that includes the following actions
and initiatives:..."
Source/publisher:
Justice Base
Date of Publication:
2017-10-00
Date of entry:
2017-12-20
Grouping:
- Individual Documents
Category:
Language:
English, Burmese
Local URL:
Format:
pdf
Size:
317.12 KB