TAEDP also expressed concern at planned reforms which would reduce transparency in death penalty proceedings. Under a new lay judge system, due to be introduced in 2023, the deliberation process of the judges would not be made open to the public. There are fears in Taiwan that this new system may undermine the role of defence lawyers. In Singapore, lawyers have raised concerns about problems accessing documents and case files relevant for those sentenced to death. The case file is only available to the lawyer on record, which poses a problem for lawyers who are seeking to review the case and represent death row inmates after an appeal. In a number of capital cases, there is also no written judgment by the Court of Appeal. There are usually minutes sheets but these are also only accessible to the lawyer on record. Independence of Judiciary The independence and impartiality of the court or other tribunal is essential to the conduct of a fair trial. The impartiality requirement applies both to judges and juries. The UN Basic Principles on the Independence of the Judiciary (1985) state that “the judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.”15 The Bangalore Principles of Judicial Conduct (2002), drawn up following consultations with judges from both common law and civil law systems, include the provision that judges shall be free from “inappropriate connections with, and influence by, the executive and legislative branches of government”.16 All research reports for this study reflect concerns over a lack of independent and impartial courts. However, the extent to which the lack of impartiality impacts death penalty cases and the role of the lawyer differs. Moreover, the extent to which the issue of judicial independence can be challenged and discussed openly by civil society also varies, reflecting the different political systems in the region. In Pakistan, 60% of survey respondents felt that public opinion, particularly in death penalty cases, impacts judges in their decisionmaking. In China, the legal system is governed by Chinese Communist Party (CCP) policy and the death penalty, therefore, takes place within the context of a criminal justice system that is subject to the 15 Basic Principles on the Independence of the Judiciary. Adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders. 6 September 1985. https://www.ohchr.org/en/instrumentsmechanisms/instruments/basic-principles-independence-judiciary 16 The Bangalore Principles of Judicial Conduct, adopted by the Judicial Group on Strengthening Judicial Integrity. UN Office on Drugs and Crime. 2002. Para. 1.3. https://www.unodc.org/pdf/crime/corruption/judicial_group/Bangalore_principles.pdf 7