Fair Trial Elements in the Implementation of the Case Management Programme in Myanmar’s Courts

Abstract

Myanmar Courts enhance to provide a safe and accessible environment in which all persons are able to have equal access to judicial services and to obtain the information form the courts. To implement the effective court of law procedure in judicial proceeding, case management program has been introduced in Myanmar since 2015. The case management programme is aimed at giving clients and lawyers enough time to make preparations for trial, and ensuring transparency in the judicial process. Effective justice is a main element of fair trial and effective remedies. The parties in the proceeding are treated without any discrimination. The Constitution of the Republic of the Union of Myanmar guarantees every citizen has the right to defend. The State must ensure defendants have the opportunity to stand a defence meaning they have adequate time and facilities to prepare their defence at all stages of proceeding. The case management programme aims to be able to try the case without delay. This also purposes to make justice for all and promote public belief and confidence in the court and rule of law. According to case management programme although the examining time is limited, clients and lawyers should have enough time to prepare their necessary documents and evidences. The adequate time and facilities to prepare a defence need the all stages of the proceeding. In a hearing of a case, if there is no adequate time and facilities to prepare the case, it will impinge on the right to effective practicing the case.