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Trial Monitoring: A Reference Manual for Practitioners
programme among the greatest number of actors, but also identifies the programme with a systemic
approach to justice monitoring and reform. Such identification is important later as a programme
focuses on narrower issues, where legal actors may not have such commonality of interest.
Comprehensive reviews of the justice system, as a whole, may not be frequently repeated, as programmes move on to focus on commonly encountered or sensitive issues. Comprehensive reviews
do, however, include recurring problems and can focus on selected issues of importance, such as
witness protection or pre-trial detention. Additionally, certain reports have been termed justicesystem reviews, even though they focused on thematic issues.163 164
Examples of reports providing an overview of the justice system164
• “2009 Trial-monitoring Report in Azerbaijan”, OSCE Office in Baku (2010).
• “Preliminary Findings on Monitoring Court Cases in Selected Basic Courts of the host country”, OSCE
Mission to Skopje (April 2008).
• “Analytic Report: Observance of Fair Trial Standards and Corresponding Rights of Parties During Court
Proceedings”, OSCE Mission to Moldova (2008).
• “Report on the Administrative Justice System in Kosovo”, OSCE Mission in Kosovo (April 2007).
• “Analysis of Criminal Appellate Proceedings in Albania”, OSCE Presence in Albania (2007).
• “Report from the Trial-monitoring Project in Kazakhstan 2005-2006”, ODIHR and OSCE Centre in Almaty (2007).
• “First Review of the Civil Justice System”, OSCE Mission in Kosovo (June 2006).
• “Review of the Criminal Justice System”, OSCE Mission in Kosovo (2006).
• “Ensuring Fair Trials through Monitoring”, OSCE Centre in Dushanbe (2005).
• “Final Report, Countrywide Observation of the Implementation of Fair Trial Standards in Domestic Courts
and the Assessment of the Functioning of the Judiciary”, Coalition All for Fair Trials, former Yugoslav Republic of Macedonia (2004).
12.2.2 Thematic reports related to the functioning of specific aspects of the justice
system165
Thematic reports, like comprehensive reports, are intended to support rule of law reform and enhance the implementation of fair trial standards. In the same way as comprehensive reports, they
describe whether and how justice systems apply and implement local laws, including assessing these
practices in relation to international fair trial standards. Thematic reports do this, however, by focusing on specific aspects of the judicial system and how these aspects affect the ability of the system to deliver justice fairly and effectively. They are not concerned with a specific case but, more
broadly, with the procedures involved in and the functioning of a discrete aspect of the system.
Thematic reports may focus on specific institutions, types of proceedings or components of the
criminal, civil or administrative justice process covered by a monitoring programme. In general,
thematic reports should be considered for specific elements of the justice system that may be particularly problematic or are sufficiently distinct to benefit from special treatment. Thematic reports
have the advantage of focusing the reader on the specific issue and providing in-depth treatment of
a problem. Another advantage of issuing thematic reports is that they can be completed in less time
than comprehensive reports. Despite their limited scope, thematic reports may still include conclusions and recommendations relevant to a wide range of actors. Therefore, wide dissemination is often appropriate for thematic reports.
163 For instance, see the Review of the Criminal Justice System, “Independence of the Judiciary – The Administration of Justice
in Minor Offence Courts – Juveniles in Criminal Proceedings”, OSCE Mission in Kosovo (2006)
164 A number of these reports are not available on the Internet, but they can be obtained through ODIHR.
165 See also Part IV, “Thematic trial monitoring”.
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