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Introduction
OSCE trial-monitoring programmes have proven to be valuable, multi-faceted tools for supporting the process of judicial reform and assisting participating States in developing functioning justice systems that adjudicate cases consistent with the rule of law and international human rights
standards.
By increasing the transparency of the judicial process, trial monitoring is itself an exercise in support of the right to a public trial. The presence of monitors can lead tribunals to implement improved
fair trial practices and build confidence in the judicial process. When organized as a long-term programme, trial monitoring is a unique diagnostic tool for assessing the functioning of key elements
of the justice system. It acts as a spotlight to identify areas in need of reform. Trial-monitoring programmes have also proven to be effective vehicles for to training and engaging local lawyers and organizations in the process of justice reform.
Document of the Copenhagen Meeting of the Conference on the Human Dimension of the
CSCE (Copenhagen 1990), paragraph 12:
“The participating States, wishing to ensure greater transparency in the implementation of the commitments undertaken in the Vienna Concluding Document under the heading of the human dimension of
the CSCE, decide to accept as a confidence-building measure the presence of observers sent by participating States and representatives of non-governmental organizations and other interested persons at proceedings before the courts as provided for in national legislation and international law….”
ÀÀ Purpose, scope and focus of the manual
This manual is intended to serve as a resource for practitioners and representatives of international
and domestic organizations interested in developing trial-monitoring programmes to assess compliance with fair trial standards and support justice reforms. It sets out principles and provides
guidance on how to organize and operate a trial-monitoring programme. Based on the experiences
of 12 OSCE field operations and of ODIHR, it shares field-tested methodologies and techniques to
enhance the capacities and effectiveness of trial-monitoring programmes. The manual also seeks
to stimulate thought on trial-monitoring related activities that help develop effective justice systems that operate in line with human rights standards. The manual reflects what is known as the
“trial-monitoring cycle”, by describing the different activities undertaken by trial-monitoring programmes, from inception to conclusion.
This manual provides organizational and operational guidance to trial monitoring. It does not provide guidance on international fair trial standards or describe how to assess individual proceedings
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