Explore the world of digital forensics in South Africa alongside Jason Jordan, a seasoned expert at T-Fair Labs, in conversation with Dr. Ingrid Borárosová from the Bratislava Policy Institute. In this insightful podcast, we delve into the evolution of digital forensics from its beginnings in the '90s to its current role in tackling cybercrimes. Jason's transition from law enforcement to the private sector and academia sheds light on the field's advancements and the importance of aligning with global standards.

Through discussions on South Africa's legal frameworks and linguistic diversity, we examine how they influence digital evidence handling and cybercrime investigations. Clear communication strategies, including relatable analogies, are highlighted to ensure understanding among judges and lawyers of varying technical backgrounds.

The podcast concludes with a discussion on the challenges organizations face in navigating political influences when employing digital analysts. Lastly, we emphasize the significance of collaboration between legal and digital forensic communities for a more effective pursuit of justice.

This podcast concludes our series of expert talks as part of the INNOCENT project funded by the European Union under Grant Agreement 101056685.

The use of technology has allowed for the continuation of justice in remote proceedings during the pandemic, but this comes with a variety of concerns. What dangers does undue interference during remote hearings pose to digital justice? What mechanisms are in place to secure adequate representation for defendants and ensure their engagement during proceedings? And what effect do remote hearings have on public perception of justice and actual outcomes?

Our guests address the inconsistencies that arise in virtual proceedings—from defendants’ understandings of what is occurring during trials, personal connections and confidentiality between lawyers and clients, to the ability of judges to assess situations before them, as well as the technological capabilities of all parties. Penelope Gibbs will especially discuss fairness and the rights that may be in peril in remote hearings, while the challenges of remote proceedings for individuals in detention will be discussed with David Anderson.

In this final episode, we hear about the successful implementation system of the Case Management System (CMS) in Kosovo from Fatmir Rexhepi, and we discuss the experience of creating a unified electronic information system in Bulgaria with Judge Emil Dechev and Bilyana Gyaurova-Wegertseder. This episode focuses on the implementation of case management systems in both Kosovo and Bulgaria. We examine which role digital justice can play in maximizing efficiency, transparency, and accountability in the judiciary. What steps are needed to successfully implement digitalization programs? And who should be involved in the process of developing and implementing case management systems?

In this final episode, we hear about the successful implementation system of the Case Management System (CMS) in Kosovo from Fatmir Rexhepi, and we discuss the experience of creating a unified electronic information system in Bulgaria with Judge Emil Dechev and Bilyana Gyaurova-Wegertseder. Our guests address proper stakeholder engagement in the development and implementation of case management systems, the sort of training and resources needed for success, and the amount of time required to achieve positive, lasting results.

The proliferation of technology has led to an increase in its use by the judiciary over the last few years, especially when the pandemic hit. This episode explores the developments that have led to the current state of digitalization in judiciaries  – both the technological advancements and the legislative progress. What types of electronic evidence exist? How should they be dealt with by the judiciary?

And another crucial question: in a virtual trial setting, how do we create optimum conditions that preserve the dignity and decorum of the court process? In this episode, we hear about the digitalization of justice and the use of remote hearings in the Czech justice system from
lawyer Jiri Novak, and we discuss the role of judges in remote hearings and what techniques can be used to recreate the formality of a physical court hearing with Professor Linda Mulcahy.

The advent of Covid-19 has seen the acceleration of the digitalization of justice and the increasing use of remote hearings. However, this leaves many questions unanswered, especially when it comes to preserving the rights of citizens across the globe. What effects has the pandemic had on the judiciary and how do they serve the public? Where does the balance lie between safeguarding public health and endangering human rights, particularly in regards to human rights and access to courts? Is digital justice able to mitigate these effects? And in which circumstances are remote hearings suitable alternatives to in-person proceedings?

In this episode, we hear about human rights and the proper functioning of the judiciary under pandemic conditions and beyond from Andrea Huber, and we talk about the limitations of digital justice, particularly in criminal law contexts, and responsibilities placed on an already pressurized judiciary with Judge José Igreja Matos.

In light of the introduction of far-reaching emergency legislation in response to the Covid-19 pandemic protecting the rule of law and the responsibility of the judiciary is ever more important. What is the role of the judiciary in ensuring emergency legislation and remote judging do not impinge on the rights of the citizen? How can the judiciary ensure that domestic safeguards are upheld, and international standards are followed? To what extent should the judiciary be consulted in the development of measures that affect the courts? And how can judges and civil society continue to support each other during the crisis? 

This episode features a conversation with Judge Radoslava Kacherilska, from the Sofia Regional Criminal Court, about the Bulgarian experience, and her hopes and concerns regarding remote judging. The Honorable Jeremy Fogel (Ret.), Executive Director of the Berkeley Judicial Institute, follows that conversation with a check-in on the American judicial system and his concerns over judicial mindsets and emotional wellbeing. He also shares his views on the importance of maintaining ‘presence’ and connection in the virtual courtroom and the challenges this presents to judges. 

This episode explores how the courts should be preparing for life after pandemic conditions. What will be the effect of the unprecedented rate of suspended and delayed cases? What new cases can the courts expect to emerge as a result of the pandemic and the measures taken to control it? Many courts were already struggling with delivering justice in a timely fashion – how should they be preparing for an even worse backlog?  Should some of the measures that have been taken during the pandemic, such as the use of remote trials, be continued as a tool to expedite proceedings?  What lessons have we learned? What is the exit strategy? 

In this episode, we talk to Judge Vera Doborjginidze from Georgia about some of these questions, as well as Andrea Huber from the OSCE Office for Democratic Institutions and Human Rights, who has been supporting post-pandemic planning for European judiciaries. Bilyana Gyaurova-Wegertseder of the Bulgarian Institute for Legal Initiatives also shares how her civil society organization supports the judiciary and, in our on-going spotlight series on judicial tools, we look at the Social Media Guidelines developed by our own Judicial Network.

For further information, resources, and other works by the CEELI Institute including our series of Podcasts and Webinars please go to ceeliinstitute.org.

This project has been made possible through the generous support of the Bureau of International Narcotics and Law Enforcement (INL) at the U.S. Department of State. ​

Hosts & Guests 
Carolyn Elliott-Magwood Host
Freda Grealy Host
Vera Doborjginidze Guest 
Andrea Huber Guest 
Bilyana Gyaurova-Wegertseder Guest

It is vital that courts are kept open and that access to justice is maintained, but protecting the health of the community has challenged the usual order of business. This episode explores how the wheels of justice can continue to operate during the current global health crisis, particularly in the context of criminal trials. What are the core functions that the judiciary needs to deliver to deal with urgent issues despite the pandemic?  What critical decisions and urgent matters must be addressed? We talk to the Right Honourable Justice Bernard McCloskey of Northern Ireland about his view of these matters, including the limitations of videoconferencing to replace in-person trials during pandemic restrictions.  Ilze Tralmaka of Fair Trials also provides an overview of her organization’s concerns surrounding access to justice during the pandemic, and our spotlight series looks at the bi-weekly Webinar Roundtable Discussion Series CEELI is presenting with the Central & Eastern European Judicial Exchange Network.

Because the stakes are so high, access to justice is often considered within the context of criminal law. However, many people come into contact with the justice system to resolve non-criminal disputes. This episode will look at the role of administrative and civil courts in the pandemic crisis. What is the role of the administrative courts in holding governments to account? How can civil and administrative courts ensure their functions continue during a state of emergency? What critical decisions and urgent matters must be addressed? 

We talk to administrative judge Edith Zeller of Austria and civil judge Domagoj Frntić of Croatia to get their perspective on these matters. Matt Pollard from the International Commission of Jurists also provides a report on what the European Court of Human Rights has said about fairness in the context of remote video trials, and we shine a spotlight on the Judicial Manual on Independence, Impartiality and Integrity of Justice – a project of the Central and Eastern European Judicial Exchange Network.

For further information, resources, and other works by the CEELI Institute including our series of Podcasts and Webinars please go to ceeliinstitute.org.

Hosts & Guests
Carolyn Elliott-Magwood Host
Freda Grealy Host
Edith Zeller Guest 
Domagoj Frntíc Guest 
Matt Pollard Guest

The introduction of emergency legislation in response to the Covid-19 pandemic has been immediate, understandable, and effective. But often it has been drafted and delivered without allowing for judicial oversight. What is the role of the judiciary in ensuring emergency legislation does not impinge on the rights of the citizen?  How can the judiciary ensure that domestic safeguards are upheld and international standards are followed? In this episode, we discuss these issues with Judge José Igreja Matos, President of the European Association of Judges, and hear about court challenges to emergency legislation in the Czech Republic from Dr. Jan Grinc, Professor at Charles University.  Judge Katica Artuković from Bosnia Herzegovina also provides an on-the-ground view from the bench during the pandemic, and we shine a spotlight on the Brijuni Statement on Judicial Independence, a regional statement that highlights many of the principles examined in this episode.