16 CHAPTER 1 Trial Monitoring: Purposes and Basic Principles 1.1 Trial monitoring – a multifaceted tool Trial-monitoring programmes can be multifaceted tools for states, civil society groups and international organizations seeking to enhance the fairness, effectiveness and transparency of judicial systems. To maximize the effectiveness of these tools, organizations must be aware of the different types of trial monitoring and should design programmes that are responsive to the needs of a justice system in a particular domestic context. The paragraphs below set out some of the key concepts in trial monitoring. ÀÀ Exercise of the right to a public trial At its most basic level, the act of monitoring a trial is an expression of the right to a public trial and increases the transparency of the judicial process. In individual cases, trial monitoring may serve to improve the effective and fair administration of justice or bring attention to serious deficiencies. Over time, trial-monitoring programmes raise awareness of the right to a public trial within the judiciary and among other legal actors, opening the door to wider awareness and acceptance of other international human rights and fair trial standards. ÀÀ A diagnostic tool to support justice reform A trial-monitoring programme can be seen as a diagnostic tool to collect objective information on the administration of justice in individual cases and, through these, to draw and disseminate conclusions regarding the broader functioning of the justice system. Trial-monitoring programmes provide objective findings and conclusions for the consideration of all stakeholders, including the judicial, executive, and legislative branches of government, as well as civil society and the international community. A programme’s recommendations and advocacy efforts can guide and influence stakeholders to take action and develop positive reforms. Trial-monitoring programmes can prompt justice actors to improve their practices; they may urge the executive to prioritize the allocation of resources needed to overcome shortcomings; they can encourage parliaments to adopt or amend legislation to bring justice practices into conformity with human rights standards; and they may raise civil society awareness of areas where it can play a significant role. ÀÀ A capacity-building vehicle The advocacy and capacity-building elements of trial-monitoring programmes provide a powerful vehicle to educate and train local jurists on international standards and domestic law. By pointing out shortcomings in the administration of justice from the perspective of fair trial standards, trial monitoring contributes to enhancing the knowledge of judges, prosecutors, legal counsel and other stakeholders on international due process rights and their application in domestic proceedings. It can acquaint these actors with good practices from the same or other justice systems that may be used to meet challenges. At the same time, by hiring local lawyers as monitors and legal analysts, programmes can provide interested legal professionals with an opportunity to become involved in