Chapter 9 — Information Gathering and Verification in Systemic Trial Monitoring through the observation of trials. Lawyers might also be able to portray systemic shortcomings related to the rights of defendants or litigants in civil and administrative proceedings, particularly if a programme does not have access to the parties themselves. The subsections below offer practical tips for monitoring staff to consider in setting up and conducting interviews. It is important that monitoring personnel endeavour to establish contacts with all sides in given proceedings, not only to gain a full view of a matter, but also to avoid any appearance of breaching the principle of impartiality.116 ·· Considerations in setting up interviews with justice actors Not all judicial systems are open to having judges communicate directly with monitors and, instead, may urge monitoring staff to channel any communication through court presidents or focal points. Monitoring programmes should accommodate such wishes, but should remain open to any meetings individual judges may suggest. In any case, monitoring personnel should inform any focal points of their wish to interview practising judges and politely ask for their co-operation in arranging meetings. Access to judicial personnel can be facilitated if the programme managers or monitors have meetings with court presidents when setting up the programme; this is particularly so if managers inform the judges and court presidents during these meeting that interviewing is one of the information-gathering methods and if they stress the application of the principle of non-interference in individual cases. Monitoring personnel should request meetings well in advance of the proposed meeting date, be flexible to accommodate the judge’s schedule, and be prepared to briefly describe in advance the purpose of the meeting. Informing the interviewee of the subject of the meeting and its expected duration will allow the interviewee to prepare her/his thoughts and relevant data for a more effective meeting, and describing the purpose of the meeting can help reduce any scepticism the judge may have in that regard. The interviewer should avoid requesting multiple meetings on separate subjects with a single justice official, trying instead to concentrate on different themes in a single meeting, to the extent possible.117 Interviews with prosecutors may need to follow a protocol where superiors are contacted first, similarly to the process with judges, where court presidents may need to be informed. The practical tips on meeting with judges described above apply also to meetings with prosecutors. Arranging interviews with defence counsel and lawyers representing clients in civil cases will usually not require any special protocol. The same practical tips on meetings described above can also facilitate meetings with defence counsel and other lawyers representing clients. Programme managers may wish to establish criteria for selecting which counsel to contact for interviews. The selection may be random or may be based on such factors as their specialization, their years of experience or their representation of a particular case. ·· Practical issues to consider in carrying out interviews with justice actors Monitoring personnel should prepare carefully for each interview, to render it as productive as possible. In addition to obtaining any background information on a problem or case, they should put sufficient thought into phrasing their questions. Programme managers should develop the interviewing skills of personnel who will be expected to conduct interviews. This can be done by establishing interview guidelines and building skills through mock exercises or demonstrations. In line with the principle of non-intervention,118 interviewers should be careful not to instruct or advise justice actors or parties on actions to be taken in specific monitored cases. Questions need to be phrased in a neutral and non-judgemental manner. Certain programmes have developed guidelines 116 See Chapter 8.1.2, “Duty of impartiality”. 117  In foreseeing the duration of a meeting, the time needed for interpretation should be factored in. 118  See Chapters 1.2.1, “Principle of non-intervention in the judicial process” and 8.1.1, “Duty of non-intervention”. 79