Videoconferencing in Crossborder Court Proceedings. Facilitating the Use with Documentation

Transcription

1 Videoconferencing in Crossborder Court Proceedings Facilitating the Use with Documentation

2 Why videoconferencing? Several benefits can be identified, e.g.: Cutting down the witnessing costs Travelling costs Expert witnesses are expensive Vulnerable witnesses or victims are not willing to travel Prisoner transport costs are high and human resource intensive Efficiency speeding up the court process with a smaller number of postponed cases enabling hearings of persons in other countries, prisons, hospitals, etc.

3 The Manual - facilitating the use of videoconferencing EU Council Working Party on E-Justice has started work on a Manual on Cross-border Videoconferencing (informal sub-group) Four aspects on the use of videoconferencing Legal aspects Technical aspects Organizational aspects Social-psychological aspects - Comments needed by the European Judicial Networks (civil/commercial matters criminal matters)

4 Legal instruments for VC Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Convention of 29 May 2000, the 2000 MLA Convention, Article 10) Council Regulation (EC) on cooperation between the courts of the Member States in the taking of evidence in civil and commercial matters (No 1206/2001 of 28 May 2001, Article 10(4)) Council Directive relating to compensation to crime victims (2004/80/EC of 29 April 2004, Article 9(1)) Regulation (EC) of the European Parliament and of the Council establishing a European Small Claims Procedure (No 861/2007 of 11 July 2007, Articles 8 and 9(1)) Council Framework Decision on the standing of victims in criminal proceedings (2001/220/JHA of 15 March 2001, Article 11(1)) European Convention on Mutual Legal Assistance in Criminal Matters (April 10,1959), second additional protocol For most EU Member States these instruments are already applicable. + National legislation => Increasing number of legal instruments

5 Managing the videoconferencing

6 Technical aspects Global standards (ITU/ International Telecommunications Union) and standardised equipment and software is used in virtually all EU member states Cross-border videoconferencing is based on ISDN telephone connections (not yet IP-to-IP) In most countries videoconferencing being used only with courtroom equipment and with witness room equipment There is a need to increase flexibility in the use of videoconferencing equipment (mobile/portable solutions)

7 Organizational and socio-psychological aspects The judge has to be the manager of the videoconferencing session Participants need to be made aware how the court session will proceed and which courts or other locations are connected via videoconferencing. There may be cases where a party wishes to consult with his lawyer (whether or not via an interpreter) without the judge or another party overhearing the means of consultation has to be decided by the judge When intepreters are used, several cultural aspects need to be taken into account: use of non-verbal communication, role of the interpreter and the quality of visual information A courtroom is an area where communication between different parties in proceedings is of primary importance and where certain legal, traditional and ceremonial aspects also play an important role

8 Videoconferencing - traditions and modern technology VHS

9 Using the standards Videoconferencing standards: H.323/IP and SIP- Internet Protocol and Session Initiation Protocol Video compression: H.264 is a standard for video compression, also known as MPEG-4 Part 10, or AVC (for Advanced Video Coding). The benefit of H.264 video is that it provides high quality at low bitrates. Video quality: For the sufficient quality, an XGA-level resolution is recommended. XGA means in practice 1024 x 768 pixels and is referred to in the standard for video quality H.239. Cameras: PTZ (pan tilt zoom) cameras, with at least 12 x optical zoom, camera control: H281 Voice quality: 14 khz audio in a video conference call Encryption: AES encryption (Advanced Encryption Standard, standard H.235) for providing secure connections in videoconferencing

10 Some Good Practices The elements of True to Life in videoconferencing: 1. The persons concerned are provided with an accurate picture of what is happening in the other location. 2. The persons concerned can consult with one another without third parties overhearing. 3. The persons concerned can exchange documents. 4. The system can be linked up to other countries' systems (interoperability and compatibility)

11 Some Good Practices Creating a booking system for videoconferencing (Austria) Austria has created a centralised booking system for the national courts for videoconferencing. The system is available for all national courts and it is possible to make direct bookings to the courtrooms with videoconferencing equipment Making videoconferencing flexible Finland Finland has started installing different kinds of videoconferencing equipment for different purposes. For the court sessions, there is a complete set, with high-definition HD quality of picture in cameras and screens. For the preliminary hearings, these is a separate set for meeting rooms. For hearing witnesses is a basic set with a terminal, camera and microphone. For mobile use, e.g. in social centres, hospitals, asylum centres etc. is the portable version, including a laptop with software and a camera.

12 More Good Practices Assisting vulnerable witnesses (United Kingdom) In the United Kingdom, remote witness room videoconferencing links have been installed in a handful of Victim Support Offices, and Police Premises as part of centrally funded national rollouts. Utilising interpretation in videoconferencing (Germany) A simultaneous interpreting facility have been inserted into the videoconferencing equipment, so that an interpreter can be used in proceedings in which a number of defendants speak a foreign language. In administrative court proceedings, interpreters have also been involved via a videoconference link in order to reduce costs.

13 What could be done? The Study on the Application of the Taking Evidence Regulation 2001 proposes: Creation of a body within the justice administrations entrusted with strategic planning and implementation of videoconferencing Installation of the appropriate equipment in the selected court buildings Programme to provide legal practitioners with training and information Preparing a list of courts with videoconference facilities Establishment of specific legislation regulating cases in which videoconferencing can be used, and the conditions governing its use, at EU level. This would contribute towards its normalisation and would foster its use.

14 What else could be done? Simplifying the use of Forms (from Form A to Form J) in the requests for taking evidence in civil matters Keeping the list of courts with videoconference facilities updated and easily available Creating a European booking and request system Preparing practical manuals for the use of videoconferencing, with specific information on Remote witnesses Remote interpreting Principles of videoconferencing ( true to life etc.) Use of technical standards Creating a European network of video judges

15 Documentation for VC Booklet on Videoconferencing as an Element of European E-Justice is available at this E-Justice conference First version also as a paper version Electronic updates later on A more comprehensive Manual being prepared (to be published by Council of the European Union, June 2009)