Monitoring in Myanmar : An Analysis of Myanmar?s Compliance with Fair Trial Rights (Burmese - မန်မာဘာသာ)

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: 

Burmese (မြန်မာဘာသာ)

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Format: 

pdf

Size: 

1.38 MB

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