PART II
7
INVESTIGATION
Trial monitoring also has political implications, since attending a trial demonstrates OSCE
interest in, and concern about, an individual case. As such, beyond the value of monitoring to ascertain the fairness of the proceedings, the act of trial monitoring itself is one
small, practical step an OSCE mission can take to demonstrate its concern about an individual case. Trial monitoring may also be useful or necessary if the complaint alleges a
human rights violation such as an arbitrary arrest or ill-treatment by police. Trial monitoring can also be part of long-term monitoring of one individual who has had his or her
rights violated through a chain of events.
7.4.1 BEFORE THE TRIAL
It is a courtesy that the OSCE staff member introduce himself or herself to the president of
the court and/or the presiding judge and explain that he or she plans to attend the trial, although there is no requirement to do this. If meeting with the presiding judge is difficult
or otherwise inadvisable, the OSCE staff member may consider notifying the judge or other
court officials in advance that he or she will be attending. In some cases, it may be necessary to fill in a form to announce that the OSCE staff member will attend the trial or to gain
access to the courtroom.
If possible, speak to both the prosecutor and defence lawyers to get a better perspective of
both sides of the case and for clarifications of any legal points or other information that
may be necessary.
7.4.2 AT COURT
The observer should be dressed in proper business attire and sit where she or he can see and
hear clearly, if possible. If an interpreter is needed, the observer should sit so that interpretation can be made during the trial without disturbing the proceedings.
Detailed notes should be taken, particularly on the nature of the proceedings. Remember
that the role of a trial monitor is to assess the fairness of the trial, not the guilt or innocence of the accused. Note the presence and behaviour of security officers and the treatment of the accused during the trial.
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