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PSG 18-5: PSG XVIII : Justice and Court Administration - Session 5: COVID-19 Pandemic - Virtual
Thursday, 09/Sept/2021:
2:00pm - 3:30pm

Session Chair: Daniel KETTIGER, University of Bern
Virtual location: Zoom Meeting Room 18

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Case study – International Survey of The Judiciary System in COVID19 Pandemic

Antonio Cesar BOCHENEK, Luciana Ortiz ZANONI, Vladimir Passos de FREITAS

Enfam - Escola Nacional de Formação e Aperfeiçoamento de Magistrados, Brazil

Case study – International Survey of

The Judiciary System in COVID19 Pandemic

This paper has goals present data analysis the result of the International Survey of the Judiciary System - Covid 19 Pandemic - conducted by the International Association for Court Administration (IACA) in partnership with Federal Justice and iJuspLab (Federal Justice Innovation Laboratory of São Paulo).

The survey was made available for IACA members to answer questions regarding access to Justice, work management and technological infrastructure of the Judiciary in many countries, after the declaration of an emergency situation resulting from the pandemic caused by the new coronavirus (COVID-19) declared by the World Health Organization (WHO) on 11/03/2020. The objective was to collect data for scientific research, organizational learning and the sharing of good practices among the judicial units regarding the judicial service, despite the restrictions imposed by the social distancing. The sample consists of 115 responses from IACA members from 38 countries. In some countries, we had more than one respondent, which allows for a greater display of the perception of the judicial service.

The team of the Innovation Laboratory of the Federal Court of First Instance in São Paulo (iJuspLab) developed panels in Business Intelligence (B.I.) to facilitate access to data with filtering and graphics that allow different types of comparison and retrieval of the survey data. It makes it possible to select the countries and the subject according to the researcher's interest. In addition, the survey is available in Portuguese (Brazil) and English.

Three panels were made in B.I. The first panel presents general data with clusters of the subjects of access to Justice, work management and technological infrastructure of the Judiciary, in which responses were compiled to classify them as satisfactory or insufficient. In this panel, it is possible for the user to select the questions and countries that he wants to view. In the second panel, the questions were made available in another proposal, with a more specific possibility on the answers. In addition, it is possible to check the various responses, when there were more than one, in relation to the same subject in the same country. Finally, the third panel sought to provide the researcher with the full written responses, which can contribute with more elements for data analysis. The survey can be accessed at the following links.

This analysis portrays only a first look at the data presented. We were able to see several interesting experiences in different countries. The result is that there was a great effort by the countries' judiciary to maintain the jurisdictional provision. Technology, in times of pandemic, has proven to be a strong ally for advances in jurisdictional activity, necessary to ensure fundamental rights in times of humanitarian crisis. Certainly, measures taken by the Judiciary at this time of crisis will be maintained in the post-pandemic period.

The research resulted in a rich material for study and reflections on the performance of the Judiciary in several countries that were part of the survey. It is important to highlight that the information came from users of the justice system, and do not represent official data from the agencies, which is interesting, as it portrays the perception of those who use the judicial service. With the Business Intelligence tool, it is possible for the researcher to extract various data to aggregate others, such as the HDI (Human Development Index), to highlight countries by continent, by degree of development, among other possibilities.

Recently, a similar survey was conducted with Portuguese speaking countries, through partnerchip between PACED, IACA, ENFAM and iJuspLab. The results of this research will be released shortly.

The pandemic COVID-19 and the working of the criminal justice system in Switzerland

Christophe KOLLER1, Daniel FINK2

1ESEHA-CHStat, Switzerland; 2University of Lucerne

In most countries in Western Europe, the pandemic COVID-19 led to prolonged lockdowns of the whole population over 2020 and parts of 2021. In Switzerland however, even the strictest lockdown in early 2020 was only a semi-confinement, lasting for 6 weeks. Many countries subsequently reported important reductions of the number of offences registered in the police crime statistics, but in Switzerland the change in the level of offences and suspected regarding violence, theft or drug trafficking wasn’t significant. Contrary to expectations, no real rise in violence and no drop in the number of traffic offences or of deaths on the roads were observed in 2020. And finally, since as many accused persons were brought to justice and convicted during the previous years, it raises the question: has the pandemic COVID-19 left any impact on the police activities and criminal justice system in Switzerland?

This contribution will present a first quantitative-analysis of the working of the criminal justice system and justice administration in Switzerland during the pandemic COVID-19 in 2020, in comparison with previous periods. The confrontation of police activity records, understood as input to the justice system, with justice statistics on convictions, in the sense of output data, provides insights into the volume, structure and evolution of sentencing, especially regarding the prosecution rate, the conviction rate, or even the punitivity in the first year of the pandemic COVID-19.

Keywords: Criminal justice system; Police activities, Pandemic COVID-19; administration of justice; case load; attrition rate; punitivity.

Local Election Dispute in Covid-19 Pandemic: The Constitutional Court Strategies

Andi HAKIM, Ariesty Kartika

The Constitutional Court of The Republic of Indonesia, Indonesia

At the end of 2020, the Indonesia Government stated that even though it was still in the situation of Covid-19 pandemic, the implementation of the General Elections for Governors, Regents and Mayors, which has become the five-year agenda, will still be carried out with health protocols mindful. The Constitutional Court as a state institution that is empowered to decide cases of disputes over the results of regional head elections, of course, must prepare the right strategy. In other words, the fulfillment of the constitutional rights of citizens must be in line with health protocols to prevent Covid-19 transmission. The Constitutional Court received 136 cases of disputes over the results of regional head elections, which much be resolved within 45 working days.

Since President Jokowi has announced the imposition of in activity restriction during Covid-19 pandemic, there have been significant changes to work patterns in all institutions and companies, including the Judiciary, especially at the Constitutional Court. Restrictions are carried out starting from large-scale social restrictions, to work from home and shifting systems. However, public services must continue to run, even for those who wish to litigate in the Constitutional Court. This journal will discuss how the Constitutional Court implements health protocols in the implementation of the trial, especially when handling disputes over the results of the 2020 election for Governors, Regents and Mayors.

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