Security was not provided also in almost 10% of hearings before the Serious Crimes Court.
b) Presence of court recorders and bailiffs
Court recorders are essential component of the court staff, who are in charge of drafting
hearing minutes. Hearings are not valid without the presence of the clerk, as what is said in
the courtroom would not be recorded. Bailiffs on the other hand ensure that parties and
witnesses enter the courtroom when required, thus ensuring the smooth conduct of criminal
proceedings.
With rare exceptions, court recorders and bailiffs were present at all monitored hearings, and
effectively assisted judges carry out their work during the hearing.
This is not to mean that court staff was always adequate.
For instance, in the Ramallah First Instance Court a severe shortage of staff was observed: the
number of registry employees is very limited (only one recorder and one bailiff are available).
This means that when one of them is absent, another registry employee had to discharge
functions as a court recorder or bailiff: as a result, sometimes the start of the hearings was
delayed or the replacements had trouble managing the case files or type the minutes at an
acceptable speed.
In the Gaza First Instance Court, ISTIQLAL monitors noticed an insufficient number of
administrative staff to move case files from one office to another.
There also appeared to be no sign language translators in any of the monitored courts.
ISTIQLAL stresses that a number of administrative staff commensurate to the court’s
workload is essential to ensuring that Courts can carry out their work efficiently.
c) Courtroom acoustics and size
Adequate courtroom acoustics appeared to be a recurring problem in Palestinian courts.
Sound clarity is an essential courtroom feature to allow parties to follow and participate in
criminal proceedings. It also ensures not only that the court’s work is carried out smoothly
and effectively, but also that the public can meaningfully exercise their right to attend court
sessions and observe the trial. However, many monitored hearings were characterized by a
difficulty by monitors to follow criminal proceedings because of poor acoustics. Courthouses
in Ramallah, Jericho and Gaza were the worst in terms of sound quality.
In the Ramallah First Instance Court, for instance, part of the problem is that there is no
waiting area for parties who are outside of the courtroom. Parties have to wait while
standing in a narrow corridor, which often becomes overcrowded and noisy, thus disturbing
also the activities being carried out in the nearby courtroom.
In the Jericho First Instance Court, sound quality inside the courthouse was so poor that
parties had difficulties even hearing their case being called, which led to unnecessary delays
in the proceedings.
Courtroom size was also sometimes a matter of concern. While some court premises
appeared adequate, such as those of the Jericho Court of First Instance, others did not seem
fit to accommodate larger numbers of detainees. This was the case for instance in Khan Yunis,
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