In this first session, a number of judges from the Judicial Network shared firsthand experience of running hearings by videoconference. In the Western Balkan region, there are several developments in the field of remote trials, and the presentation from North Macedonia featured the endeavors of the small courts which set the regional precedent by organizing and adopting the first remote trials. Speakers examined the protection of procedural rights of the defendants during these remote trials and the role of the Judicial Media Council of North Macedonia in safeguarding judicial transparency. Judge Bichia from Georgia outlined the types of cases that he deals with, the practical issues, and how he has adapted his approach as his experience of working remotely has progressed. Judge Victoria Sanduta from Moldova provided an overview of how Moldova has used videoconferencing in their court proceedings.

This session, presented in partnership with the OSCE Office for Democratic Institutions and Human Rights (ODIHR), explored how the courts are preparing to function after pandemic conditions. ODIHR presented current research on the consequences of adopted emergency measures and invited judges to further share their experience. What will be the effect of the unprecedented rate of suspended and delayed cases? What new cases can the courts expect to emerge as a result of the pandemic and the measures taken to control it? Many courts were already struggling with delivering justice in a timely fashion – how should they be preparing for an even worse backlog? Can some of the measures that have been taken during the pandemic, such as the use of remote trials, be continued as a tool to expedite proceedings? What is the exit strategy? What lessons have we learned?

This week’s session began with a summary from Mr. Stephen Mason about the development of electronic evidence, the available methods and tools, and a need for a conceptual change regarding judiciaries’ views and interpretations of e-evidence. Do the established rules for paper evidence still apply? What are the benefits and complications of electronic evidence? Magistrate Santiago Altamirano Escalante addressed the topic of criminal justice for adolescents and juveniles and his first-hand experiences with online justice during the COVID-19 crisis in the State of Yucatan Mexico. Judge Bichia closed out the conversation with his experience and tips on utilizing remote tools for witness questioning.

This session takes a look at some of the very practical considerations that will come into play at the courts re-open. How will court spaces need to be reoriented to keep staff and users safe? What special considerations come to play with into individuals in custody? How will courts manage an increased backlog of cases? In addition, what elements of remote judging will remain in play and what are the potential challenges and risks associated with the use of technology for certain hearings in terms of safeguarding rights and adhering to international standards.