The challenges of access to justice in virtual trials, with victims and witnesses in hard-to-reach areas and without internet coverage

Abstract

This article addresses all the difficulties and barriers faced by victims and witnesses residing in hard-to-reach areas of the department of Cusco, which prevent them from participating in oral trial hearings, which are held virtually by the First Collegiate Criminal Court sub-specialized in crimes associated with violence against women and members of the family group of the Superior Court of Justice of Cusco. This article highlights all the technological, geographical, and cognitive limitations that impair the principles of judgment, as well as the decision on the merits. A qualitative approach has also been used, examining international and national regulations, as well as direct observation of oral trials held in the city of Cusco. We have detected a violation of the principles of immediacy, adversarial proceedings, and speed, which ultimately affect the decision on the merits of the case. Finally, this study contributes to relevant discussions that must be addressed today so that the Peruvian State, as well as the Judiciary, can implement and enable virtual offices in magistrate courts in various remote areas of the country. This strengthens the participation of those seeking justice, closes the technological gap in the judicial system, and provides free and efficient access to the justice system.