66 Trial Monitoring: A Reference Manual for Practitioners The duty to exhibit professionalism also suggests that monitoring staff, apart from fulfilling the requirements of their job to the highest standards they can achieve, should actively seek to enhance their knowledge of the law and their monitoring, advocacy and language skills. They may do this independently or by attending formal training sessions. 8.1.4 Duty of confidentiality 82 The duty of confidentiality protects the integrity of a monitoring programme by providing basic controls over the release of information by monitors. This serves two critical purposes. Most importantly, the duty of confidentiality helps prevent the release of information obtained by virtue of a programme’s access to non-public information. This could include, for example, the names of protected witnesses, sensitive information revealed in an in camera hearing, or opinions offered privately to monitors by the prosecution or defence. Such information must never be shared by monitoring personnel. 83 In addition, even when a monitor gathers information that is in the public domain, the duty of confidentiality protects against the ad hoc release of information prior to appropriate review and analysis. This supports other strategic and operational programme interests, such as ensuring accuracy and consistency in presenting findings. For instance, without approval from supervisors, monitors should never share with external actors the programme’s internal case reports, even if they are for public hearings. Monitors should never make comments to the media or outside actors on their findings or conclusions about a hearing they have just attended. Such confidentiality protects the integrity of the monitoring programme by ensuring that it speaks with one voice and achieves the best possible results through the public release of information in an organized and strategic manner. Supervisory staff and managers also have confidentiality duties, in line with the informationsharing policy of the programme. 84 8586 Examples of monitor codes of conduct related to confidentiality • “Project monitors are not authorized to make comments to court officials, parties to a case, or any other third party on their observations or findings in relation to the procedure or substance of a case, or the criminal system in general.”85 • “The observers are not allowed to give a statement or any kind of information related to specific cases to the media … [and] if such information is requested from them, they should refer the representative of the media to the project co-ordinator who will further direct them to the spokesperson of the Coalition.”86 The duty of confidentiality does not prohibit monitors from providing information regarding the programme in general. Monitors should always be prepared to explain to interested actors or the media the purpose and methodology of the trial-monitoring programme, including its principles and code of conduct. 82  See also Chapter 5.4, “Protecting confidential and sensitive information”. 83  The policy of the LSMS, OSCE Mission in Kosovo, set forth in an internal programme paper, captures this aspect of confidentiality: “LSMS has a very strong obligation of confidentiality. LSMS has access to confidential and sensitive information. LSMS monitors’ respect of a very high level of confidentiality is a necessary condition for LSMS access to court files and proceedings.” 84  The topic of information-sharing and the requirement that programmes develop information-sharing controls for the release of information are addressed in Chapter 12.3 and Chapter 12.4.1. 85  See “Confidentiality” in the “Guidelines for Trial Monitors” prepared for the OSCE Mission to Moldova’s Trial Monitoring Programme. 86  See “Confidentiality of Data” in the Code of Conduct of the Coalition All for Fair Trials, the former Yugoslav Republic of Macedonia.