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Trial Monitoring: A Reference Manual for Practitioners
concentrated on the defendant’s rights against possible abuse by the authorities, the monitoring of
trials concerning trafficking in human beings is one area where particular focus is placed on protection of victims and witnesses. This entails many measures, including early identification, in order
to avoid the prosecution of victims for offences such as prostitution or illegal immigration, and to
ensure that they receive assistance and protection. Trial-monitoring programmes may need to develop additional mechanisms – e.g., questionnaires, interviews – to identify cases where protection
is not afforded to the injured parties.
Monitoring findings from organized crime cases are often used in reports analyzing other thematic
areas, such as witness protection. In addition to monitoring reports on trafficking proceedings,210
monitoring programmes and ODIHR have undertaken a number of other activities to combat trafficking. These range from establishing help-lines to reviewing legislation, and include providing technical and financial assistance for the creation of websites for the competent national authorities.211
16.5 Monitoring cases with vulnerable persons
Among the priority areas where trial-monitoring programmes focus their activities is monitoring
proceedings in which members of vulnerable groups are involved as defendants or injured parties.212
Therefore, trial monitors will follow cases involving members of minority ethnic groups or cases of
inter-ethnic crime and hate crimes, domestic violence, rape and crimes committed by or against
mentally-ill persons, as well as proceedings involving juveniles.
The extent to which the OSCE will operate a separate thematic project to monitor proceedings involving vulnerable groups will depend on various factors. The protection of vulnerable groups may
stem directly from the mandate of the field operation,213 or result from the deterioration of a given
situation in the host country.214 A lack of institutions to deal with vulnerable groups, such as mentally-ill persons or juveniles, may also ground the decision to establish a focal point or unit within
a programme to follow such proceedings and conduct specifically tailored advocacy activities.215
In terms of advocacy and outreach, apart from issuing relevant reports, some monitoring programmes have contributed to raising public awareness regarding victims’ rights where monitoring
findings pointed to a lack thereof. The programme in Bosnia and Herzegovina, for example, developed a “Template for Property Claims” for victims claiming compensation through criminal proceedings, and the leaflet “Know Your Rights and Duties”, addressed to victims testifying in criminal
proceedings.216
16.6 Monitoring civil and administrative proceedings
Although most trial-monitoring programmes globally focus on criminal proceedings, there is a
growing tendency to expand activities to cover civil and administrative proceedings. Among the
first programmes to do so was the LSMS of the OSCE Mission in Kosovo; this programme has
been monitoring criminal cases since 1999, but expanded its focus to civil cases in 2004, and to
210 See Annex VI.
211 See for instance <http://www.osce.org/odihr/23708>.
212 Vulnerable groups or persons can be understood as those who are more likely to have additional needs when dealing with
the justice system and who may face discrimination or experience poorer outcomes if these needs are not met. Vulnerable persons may include, for example, persons belonging to minorities or juveniles.
213 For example, the protection of ethnic communities in Kosovo.
214 The monitoring of domestic violence, juvenile or trafficking cases is often the result of a peak in the occurrence of these
crimes.
215 In practice, it has been most common to create a group of monitors to follow domestic violence, cases involving ethnic
communities and juvenile offenders, as in the field operation in Bosnia and Herzegovina from 2006. See <http://www.osce.org/
bih/48001>.
216 See <http://www.oscebih.org/documents/osce_bih_doc_2010122712570728eng.pdf>.
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