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Trial Monitoring: A Reference Manual for Practitioners
ÀÀ Ad Hoc Trial Monitoring
Ad hoc trial monitoring, in the experience of the OSCE, refers mainly to projects that are developed
in direct response to specific events that give rise to criminal proceedings and are tailored specifically to monitor these. Such events may concern post-election violence, volatile political situations
or the prosecution of persons active in human rights protection. The life of these projects is commensurate to the duration of the proceedings in question and their output is generally limited to issuing a report with observations and conclusions. Further possible advocacy might be undertaken
by the OSCE or by other interested actors outside the monitoring framework.
1.3.2. Description of the working methodology – The “trial-monitoring cycle”
All OSCE trial-monitoring programmes apply a similar working methodology once they are operational. In broad terms, this follows the sequence of 1) information gathering; 2) analysis; 3) advocacy; and 4) follow-up on the implementation of recommendations. Since the final step normally
includes further information gathering and may give rise to additional analysis, advocacy and follow-up, conceptually this process resembles a cycle. This process is, therefore, known as the “trialmonitoring cycle”, and its particularities are described in more detail in later chapters.
The initial step, information gathering, includes trial monitoring and all other techniques used to
gather necessary information. Subsequently, the findings are reviewed and analysed in relation to
domestic and international law, allowing for conclusions to be drawn. Usually, a report is then drafted and a decision taken as to which means of advocacy are most suitable to ensure the recommendations are taken into account and put into effect by the authorities. It is then important to follow
up on their implementation through targeted monitoring activities.
In spite of what seems to be a clear sequence, the steps frequently overlap. For example, advocacy
may be needed in order to gain access to monitor or further information may be sought to substantiate the analysis of previously gathered information.
Acquiring a thorough understanding of the trial-monitoring cycle and the different activities covered by each of its steps is crucial to a programme for a multitude of reasons related to all phases of
project implementation. Indicatively, it ensures that information is not released haphazardly, but in
accordance with a project’s strategy. It allows managers to compose monitoring teams with the appropriate expertise and number of staff required for each step of the cycle. It also permits the monitoring team to divide its workload effectively, according to the level of authority and competence of
each member, and the time reasonably required to complete each task. Further, it enables the programme to develop properly substantiated and realistic project proposals for donors or for the host
government. Finally, it facilitates evaluation of the progress of the team’s work, as well as forward
planning of upcoming activities.
The “Trial-monitoring Cycle”
1) Information Gathering
4) Follow-up
2) Analysis
3) Advocacy
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