Chapter 18 — First Steps and Initial Considerations in Establishing an Ad Hoc Trial-Monitoring Programm ing discussions with possible partners, the host government and donors, as well as in any eventual evaluation of the project. 18.3 Ensuring access Negotiations regarding an ad hoc project’s access and operations should take place at the earliest possible time, in order to reach an agreement with the authorities on its scope and practical issues.225 Although all OSCE participating States have committed themselves to accept the presence of monitors, in practice host governments have often sought to limit the parameters of such monitoring. In those instances, project managers may have to decide whether and how to strike a balance between the call to ensure the monitoring is conducted at any costs and the need to do so based on a sound methodology that includes full access and a relative degree of confidence and trust with the host country. Access agreements may be concluded in the form of MoUs or exchanges of letters. They should include, at least, the minimal arrangements necessary to carry out the planned monitoring activities. These include the presence of sufficient numbers of staff in the country, access to the court proceedings and access to documents and interviews with relevant actors. International organizations such as the OSCE may be in a position to negotiate greater access than that normally granted to domestic civil society activists. For ad hoc projects, the term “proceedings” normally refers to the public trial in the first-instance and appellate courts. Access to closed hearings is desirable, wherever it can be negotiated with the authorities. Ad hoc projects may face challenges in obtaining access to the investigative stage; nevertheless, project managers should strive to obtain access to detention facilities and, where relevant, pre-trial detention hearings. One of the arguments for such access is the need to monitor properly any allegations of ill-treatment in custody. After the formal arrangements are completed, it is advisable for the monitoring organization to seek a meeting with judicial authorities at an appropriately high level to introduce the monitoring activity and its key personnel. The introduction should include a general overview of the methodology and explain what outputs may be expected and how they will be used. This meeting may also present a suitable opportunity to request access to documents and interviews and to agree on the details of observation, such as the use of technical means in the courtroom, the facilitation of interpretation for the monitors and similar issues. 18.4 Making logistical and administrative arrangements Logistical and administrative issues should be foreseen and tackled as early as possible in the preparatory stage. These issues include, among others: • Travel, transport and visa requirements. Obtaining visas, in particular, can be time-consuming. In addition, consideration must be given to whether any special status is to be conferred on the staff. Special letters or identification may need to be issued to all monitoring staff to facilitate their arrival and movement in the country, as well as access to court premises. • Lodging. Lodging monitors in proximity to the court and to each other will facilitate their transportation and communication. • Communication with the team during deployment. Access to the Internet for the monitoring team should be ensured where possible. Project managers should establish policies on the use of e-mail or other electronic communication, such as Skype and mobile phones. The necessary 225  See Chapter 4, “Access to court proceedings”. 147