Access to Justice and Electoral Integrity
Principle 1 of the Istanbul Declaration on Transparency in the Judicial Process clearly states that “public access to court hearings is a fundamental
requirement in a democratic society. The principle of public proceedings
implies that citizens and media professionals should be allowed access
to the court rooms in which judicial proceedings take place. The court
should, therefore, ensure that the public and the media can attend court
proceedings.”24
Even in cases in which the public is excluded from the trial, the judgment
must, with certain strictly defined exceptions, be made public.25 Public
proceedings and decisions contribute to the transparency and accountability of the process and to guarantee the uniform and equal application
of the law.26
Therefore, access to justice must be also granted by opening the process
to the public and, even more importantly, by explaining clearly how
judges form their conclusions. It is therefore important that rulings and
other documents are “drafted in an accessible, simple and clear language.
[Also,] Judges shall issue reasoned decisions, pronounced in public within a
reasonable time, based on fair and public hearing[, and] (…) use appropriate case management methods.”27
Accessibility
The Committee on the Elimination of Discrimination against Women
(CEDAW) establishes in the General recommendation No. 33, that “The
right to access to justice is multidimensional. It encompasses justiciability,
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