Burma’s Courts: Piloting Court Initiatives to Improve Access to Justice and Protect Due Process

As part of Burma’s ongoing political and economic transformation, the country’s judiciary has launched significant reforms to improve court efficiency and transparency. Over the last several decades, the courts have been operating under outdated case processing procedures that limit their ability to promptly resolve the increasing number of criminal and civil cases filed by litigants. Excessive case backlog and delay is a key factor contributing to a low level of public trust and confidence in the justice system. With support from USAID’s Promoting the Rule of Law Project, the Office of the Supreme Court of the Union (OSCU) launched the Case Management Plan in July 2015 to enable Burma’s courts to improve the timeliness and efficiency of case processing. Starting in 2014, pilot courts in Hlaing Tharyar (Yangon Division), Hpa-an New information booths and intake (Kayin State), and Taungoo (Bago Region) worked with the Project counters improve transparency and efficiency of pilot courts, helping to modernize case management procedures. visitors understand and navigate Pilot courts have also completed court facility renovations with courts procedures. USAID support to improve citizens’ ease of access to court services. Public Information desks and accessible court intake centers help

citizens, lawyers, and other court users obtain information, file documents, and receive assistance. Pilot courts are testing the new procedures of the OSCU’s Case These pilot courts are also introducing the first use of automation Management Plan, which in the country’s township courts. Courtroom computers provide incorporates key features to each judge with the ability to generate pretrial orders and expedite case processing while documents. An automated case tracking system installed in each maintaining quality of justice Clerks Office enables the court to better monitor and manage their including: caseload.  Differentiated Procedural Tracks Judges, litigants, and lawyers have generally expressed support for for Expedited, Standard, the improved transparency provided by the new case management Complex Cases procedures. For example, setting an early case management  Time Standards conference to establish pretrial discovery deadlines and calendar  Case Management and Pre-trial targets for trial and disposition clarifies responsibilities and Conferences and Orders expectations for all stakeholders.  Uniform Continuance Policy Since the adoption of the Case Management Plan, the Hlaing  Attorney Preparation Checklist Tharyar pilot court has reduced the number of civil backlog cases  Next Event Hearing Forms pending over one year from 144 cases to 72 cases (52%). Across

all pilot courts, the backlog of criminal and civil cases pending over two years has been reduced from 95 to 64 cases (32.6%) over the initial six months of the new case management pilot program. Based on the experiences of these initial pilot courts, the OSCU will proceed with expansion of the program to all States and Regions. The program will be expanded to Mawlamyaing, Monywa, Pathein, Mandalay, and Magwe in 2016.