Recommendations
Based on the findings contained in the above chapters, ISTIQLAL makes the following
recommendations:
To the legislature:
Establish by law an overall maximum duration (e.g. two years) for pre-trial detention of a
defendant without a conviction;
Give First Instance Courts the power to impose penalties on witnesses who fail to appear
at the scheduled hearing, including individuals working in the security services. Measures
could include imposing fines and freezing the amount in their bank account until they give
testimony;
Provide a legal framework allowing defendants and witnesses to appear in court through
a video-link where needed;
Enact legislation allowing for trials in absentia, provided that sufficient guarantees for the
defendant are ensured, including for re-trial in the event the accused is apprehended and
arrested.
To the High Judicial Council
Replace the current system of servicing court documents with an electronic system,
already successfully implemented in other Arab countries; consider outsourcing the
servicing of documents to private companies, so as to ensure maximum efficiency;
Encourage productivity of judges and court officials by remunerating adequately overtime
work, so that judges can reduce postponements and cope with the increased workload by
working extra hours as needed;
Ensure continuity in court staff by appointing judges to a specific court for a term of no
less than three years; avoiding making changes in court staffing on a yearly basis, unless
strictly necessary to replace judges who were promoted;
Ensure that all courtrooms have adequate sound clarity and space for parties and the
public, in order to preserve the dignity of the court and ensure fair trial guarantees.
Create additional court sections in particularly overloaded courts;
Establish a clear binding system for establishing court schedules, with case sequence and
exact timing;
Ensure that translators, including sign language interpreters, are readily available when
needed, so as to avoid unnecessary delays;
Consider reducing the number of court official holidays and bring judges’ annual leave
days in line with other workers in the public and private sector;
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