stored in the OSCE Mission to Moldova. In addition to the trial observation questionnaires,
monitors produced reports (initially monthly and later, each quarter) ��������������������������
in which������������������
they highlighted
their main observations. These substantive findings were used to draft the analytical reports
described below.
1.7. Reporting
The analytic reports produced by the Trial Monitoring Programme were drafted by local and
international experts based on the findings of monitors. The drafters analysed monitors’
completed questionnaires and monthly/quarterly reports. The draft reports were reviewed
by OSCE Mission to Moldova and ODIHR staff. In addition, draft reports were sent for
comment and review by the Superior Council of Magistrates and the General Prosecutor’s
Office. Comments and observations of the������������������������������������������������
se����������������������������������������������
bodies were taken into account in finalizing
each report.
Prior to the publication of this Final Report: Trial Monitoring Programme in Moldova (hereinafter
referred to as the Final Report), summary and analysis of the main observations during the
Trial Monitoring Programme were published in two interim reports: the First Trial Monitoring
Programme Report: Preliminary Findings on the Experience of Going to Court in Moldova
(hereinafter referred to as the First TMP Report), and the Analytic Report: Observance of Fair
Trial Standards and Corresponding Rights of Parties During Court Proceedings (hereinafter
referred to as the Second TMP Report).
The First TMP Report concentrated on an analysis of trial participants. It was based on data
collected from monitoring almost 800 court hearings in courts located in Chişinău (i.e., five
District Courts, the Chişinău Court of Appeals and the Supreme Court of Justice) during the
first six months of the implementation of the Trial Monitoring Programme. The First TMP
Report described the experience of going to court, including descriptions
�������������������������������
of����������������
court premises
and facilities, public access to trial proceedings, delays and postponements, and security and
public order. It also reported on the performance of the main participants at trials, including
judges, prosecutors, defence lawyers, court clerks, interpreters, victims and witnesses.
The Second TMP Report provided an analysis of the observance and/or violation of pertinent
fair trial standards and the corresponding rights of the parties during court proceedings.
It presented the main findings of the Trial Monitoring Programme for its first full year of
operation in courts located in Chişinău from April 2006 to May 2007.27 It was based on
observations of 2,395 hearings in 596 criminal cases. The legal analysis was conducted
mainly from a European Convention perspective��������������������������������������������
,�������������������������������������������
given both the quality and breadth of the
European Court’s case law on the right to a fair trial and its direct relevance to��������������
����������������
the Republic
of Moldova. The Second TMP Report had two main chapters: the first dealt with fair trial
rights and standards as guaranteed by Article 6 of the European Convention��������������
,�������������
focusing on
the rights of the defendant; the second dealt with the rights of victims and witnesses and
relevant international standards regarding their treatment in court. Some fair trial rights and
standards were not addressed in the Second TMP Report due to the limited scope of the Trial
Monitoring Programme. The right to a fair trial does not relate only to trial proceedings. It
27 ���������������������
The Second TMP Report included hearings monitored over 14 months, because de facto monitoring of all
courts in the municipality of Chişinău started in April 2006 and included hearings monitored up to the end
of May 2007.
20
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