Chapter 8 — Conduct and Capacity-Building of Trial-Monitoring Staff 8.1.3 Duty of professionalism Given the formal nature of the judiciary and the importance of the judicial process, monitors must always be held to a high standard of professionalism in carrying out their responsibilities. Since monitors are the most visible members of the programme, their conduct directly affects the perception of the programme on the part of justice-system actors and the general public. Internally, monitors should also be held to a high standard regarding their knowledge of the local legal system and applicable domestic and international law. A code of conduct should be provided in relation to appropriate conduct in court.79 In the OSCE, codes or principles of conduct have provided three categories of obligations for monitoring personnel: those pertaining to their appearance, those relating to their behaviour and those connected with their attitude towards work. They include the following rules: Examples of rules related to the duty of professionalism • Monitors shall always arrive promptly at court; • Monitors shall wear appropriate clothing; • Monitors shall wear a badge identifying them as monitors, when required to do so by the programme; • Monitors shall behave in a dignified manner; • Monitors shall treat all court officials and actors with dignity and respect; • Monitors shall be diligent and prepared for court and must devote their full attention to the proceedings and take comprehensive notes, even if the hearing is recorded; • Monitors shall be familiar with all programme guidelines and procedures, and take their continuing education responsibilities seriously.80 80 In addition to any specific code of conduct for court monitoring, monitors in OSCE programmes should be expected to abide by the general OSCE Code of Conduct, which begins by stating that “OSCE officials shall conduct themselves at the highest personal and professional level at all times while on duty and off duty, in order to successfully represent the OSCE.”81 Therefore, whether during or after working hours, monitoring personnel should not engage in any conduct that may be criminal, unethical or otherwise liable to expose them or the organization to criticism. Examples of improper conduct would be visiting places that have been classified as off-limits or undertaking in parallel work that runs contrary to the OSCE principles. In discharging their duties, team members should never use inappropriate language or body language, or behave disrespectfully. They should never use mobile phones in the courtroom and should always silence phones during proceedings or meetings. They should treat all actors politely, regardless of position or rank, and phrase their requests in a clear and respectful manner. Proper behaviour is crucial, especially in situations where access is denied or when a monitor is faced with a stakeholder s/he feels is acting in an aggressive or condescending manner. In such circumstances, monitoring personnel should remain even-tempered, patient and focused on the subject, and should avoid either engaging in an argument. Supervisors should give detailed guidelines to monitors on how to react in difficult situations, how far to push a request or argument, when to engage in a difficult discussion, and how to disengage from a tense environment. Such guidelines should include how to react if the programme or its findings are questioned in public forums in which it may be appropriate for monitors to defend or clarify the organization’s position. 79  See Annex I, for a sample code of conduct. 80  These principles are, among others, reflected in the Code of Conduct of Trial Monitors of the OSCE Mission to Montenegro. 81  See Article 1 of the OSCE Code of Conduct. 65