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Trial Monitoring: A Reference Manual for Practitioners
programmes, the reporting language is English and public reports are translated into the local
language(s). Training and other field support activities are usually provided by the field operation
out of annual core budgets.
As to their duration, OSCE staff-model programmes are subject to the annual renewal of the field
operation’s mandate, its internal programmatic decision-making, and the continued budgetary support of the OSCE for the particular programme. In practice, despite some uncertainty regarding
funding and mission downsizing, this has enabled the continuity of staff-model programmes for
several years. As a result, the staff model has proven effective for systemic trial-monitoring programmes of extended duration in support of long-term justice-sector reform.
The OSCE Mission to Bosnia and Herzegovina:
supporting systemic criminal justice reform efforts
As part of a post-conflict transition, the criminal justice system of Bosnia and Herzegovina and its institutions underwent major reforms. Foremost among the changes was the adoption of a new criminal procedure that introduced adversarial features into a system previously based on a civil law model. The changes
posed a major challenge to the judiciary and criminal justice system.
In 2004, the OSCE Mission established a trial-monitoring programme aimed at supporting these reform
efforts. The programme involved the training of 24 national OSCE staff members to monitor the implementation of the new procedural code. The monitors are Mission members stationed in the Mission’s field offices to provide systemic coverage of more than 63 trial and appellate courts throughout the country. Although
the programme initially focused on observing the application of the new criminal procedure, over time its
focus broadened to monitoring compliance with human rights law in general. In 2005, an additional section was created for monitoring and reporting on the cases transferred for trial from the International Criminal Tribunal for the former Yugoslavia (ICTY) to the Court of Bosnia and Herzegovina (“Rule 11bis” cases),
pursuant to an agreement between the OSCE and the ICTY Prosecutor.
Through 2011, the programme had published 14 major reports on the functioning of the criminal justice
system covering a variety of topics. 33 The findings of these reports provided judges and other legal actors
with information on how significant parts of the justice system actually function. They also informed the
substance of the criminal law curricula in judicial and prosecutorial training centres, were used in training
for defence counsel, and served as a catalyst for further important criminal justice reforms.
33
3.2 Project model
In OSCE programmes using the project model for monitoring, trial-monitoring activities are undertaken by contracted lawyers and project co-ordinators under the overall supervision of ODIHR
or an OSCE field operation. Therefore, monitors are not OSCE staff, but outside lawyers (or, occasionally, non-lawyers) who have been trained to take part in the programme as contractors. These
monitors are generally subject to a code of conduct in connection with their trial-monitoring responsibilities.34 OSCE field operations and ODIHR have organized programmes using the project
model in Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova and Tajikistan.
Like those based on the staff model, project-model programmes can engage in comprehensive trial-monitoring efforts of extended duration. One of the primary characteristics of project model
is that it may involve other local actors or organizations as partners in trial monitoring more intensively than the staff model and, thus, build more local capacity among legal practitioners. Such
partnerships have involved dividing or sharing responsibilities for the preparation of reference materials, organizing training or recruiting monitors. However, unlike domestic monitoring groups
(discussed below), project models undertaken by the OSCE are operated as an official activity under
the mandate of the OSCE field operation or ODIHR.
33 For a list of the major public reports of the OSCE Mission to BiH, see http://www.oscebih.org/Default.aspx?id=7&lang=EN.
34 See Annex 1 for a sample code of conduct for trial monitors.
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