Do not interrupt the procedure or intervene or talk to court officials, the accused, witnesses, or the defence lawyer during the trial. It may be possible, however, to use breaks to make
contacts and arrange later meetings. The observer should be careful not to be identified
with either the defence or the prosecution.
7.4.3 AFTER THE TRIAL
A report should be written that focuses in particular on whether the court proceedings appeared to comply with OSCE and other fair-trial commitments. It should make clear any
issues of concern in this regard. The report should take into account that a trial is part of
a judicial process, not a single event, and should therefore be written to include the broader legal context and circumstances. For example, if the court proceedings appear technically correct but the defendant was forced to confess while in detention, this would still be
a violation of the defendant’s right to a fair trial. Or, a trial may be fair, but it may conclude
that a person has been the victim of human rights violations. Any such circumstances
should be noted.
The report should include official court references (case numbers, charges, names of witnesses, etc.). This can be especially important if further follow-up is contemplated. It
should be made clear how much of the trial the monitor has actually attended. It may not
be possible to draw fair conclusions about a trial if the monitor has only attended one session. On the other hand, in some instances, one session may be sufficient for it to be clear
that there are valid concerns about the fairness of a trial.
If possible, visit the president of the court or the judge again and inform him or her of the
observations made.
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