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CHAPTER 1
Trial Monitoring:
Purposes and Basic Principles
1.1 Trial monitoring – a multifaceted tool
Trial-monitoring programmes can be multifaceted tools for states, civil society groups and international organizations seeking to enhance the fairness, effectiveness and transparency of judicial
systems. To maximize the effectiveness of these tools, organizations must be aware of the different
types of trial monitoring and should design programmes that are responsive to the needs of a justice system in a particular domestic context. The paragraphs below set out some of the key concepts
in trial monitoring.
ÀÀ Exercise of the right to a public trial
At its most basic level, the act of monitoring a trial is an expression of the right to a public trial and
increases the transparency of the judicial process. In individual cases, trial monitoring may serve
to improve the effective and fair administration of justice or bring attention to serious deficiencies.
Over time, trial-monitoring programmes raise awareness of the right to a public trial within the judiciary and among other legal actors, opening the door to wider awareness and acceptance of other
international human rights and fair trial standards.
ÀÀ A diagnostic tool to support justice reform
A trial-monitoring programme can be seen as a diagnostic tool to collect objective information on
the administration of justice in individual cases and, through these, to draw and disseminate conclusions regarding the broader functioning of the justice system. Trial-monitoring programmes
provide objective findings and conclusions for the consideration of all stakeholders, including the
judicial, executive, and legislative branches of government, as well as civil society and the international community. A programme’s recommendations and advocacy efforts can guide and influence
stakeholders to take action and develop positive reforms. Trial-monitoring programmes can prompt
justice actors to improve their practices; they may urge the executive to prioritize the allocation of
resources needed to overcome shortcomings; they can encourage parliaments to adopt or amend
legislation to bring justice practices into conformity with human rights standards; and they may
raise civil society awareness of areas where it can play a significant role.
ÀÀ A capacity-building vehicle
The advocacy and capacity-building elements of trial-monitoring programmes provide a powerful
vehicle to educate and train local jurists on international standards and domestic law. By pointing
out shortcomings in the administration of justice from the perspective of fair trial standards, trial
monitoring contributes to enhancing the knowledge of judges, prosecutors, legal counsel and other
stakeholders on international due process rights and their application in domestic proceedings. It
can acquaint these actors with good practices from the same or other justice systems that may be
used to meet challenges. At the same time, by hiring local lawyers as monitors and legal analysts,
programmes can provide interested legal professionals with an opportunity to become involved in
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