134 CHAPTER 15 Main Aims, Outputs and Methods of Thematic Trial Monitoring Thematic trial monitoring refers to those programmes or projects that focus on a specific theme, issue or stage of proceeding for a considerable length of time. Unlike systemic trial monitoring, thematic monitoring does not address the entire court or justice system. It may not, therefore, be able to identify systemic problems affecting the judiciary as a whole. On the other hand, it allows for more in-depth review of specific issues or practices than may be possible in a broad, systemic programme. Thematic monitoring may be conducted as a discrete part of a systemic trial-monitoring programme, or it may be an entirely separate programme. Thematic monitoring programmes require their own staff and may need to develop their own specific methodology. However, since many of the methodological procedures of thematic monitoring are the same as those used in systemic monitoring (e.g., with regard to staffing, information gathering, analysis, reporting and advocacy), descriptions of those procedures will not be included here. Readers should refer to Part III for details of these procedures. The decision to opt for a thematic trial-monitoring programme is usually prompted by the need to follow up on an acute human rights situation or other special challenge faced by a justice system. Two such examples are the processing of war crimes cases in a post-conflict context or cases involving trafficking in human beings. Proceedings for juveniles and other vulnerable groups can also be the focus of thematic programmes, particularly if the domestic justice system does not have specialized institutions in place to deal with these cases or there are fears of discriminatory conduct. Thematic projects may also be developed when a systemic programme expands to monitor new areas, such as civil and administrative proceedings, and this monitoring is organized as a discrete project. The OSCE trial-monitoring programme in Serbia is an example of an entirely thematic programme, as it has always been limited to the monitoring of war crimes trials. The programme in Croatia was also limited to war crimes after 2008. In other countries, systemic trial-monitoring programmes have encompassed several thematic projects. In Bosnia and Herzegovina, for instance, the systemic programme follows the monitoring of cases dealing with each of war crimes, organized crime, trafficking in human beings, juvenile justice and other selected issues almost as distinct projects. In Kosovo, the programme included a separate thematic focus on domestic-violence cases. In Montenegro, there was a thematic focus on the right to a trial within a reasonable time in civil proceedings. The following sections address certain common overarching features of thematic monitoring, such as programme aims, staffing considerations and outputs. Thereafter, Chapter 16 describes succinctly each of the areas most commonly encountered in thematic monitoring projects of OSCE field operations and a few of their particularities. Annex VII at the end of this manual includes examples of public reports issued by OSCE field operations in thematic areas. 15.1 Aims of thematic trial monitoring Thematic monitoring generally aims at assessing the way in which certain proceedings, phases or issues are handled by the authorities, rather than the way in which the judiciary as a whole operates.

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