Chapter 4 — Access to Court Proceedings and Other Access Issues 4.2.2 Contacts with court presidents, chief prosecutors and heads of bar associations In practice, obtaining access to court dockets, hearing schedules and case information depends greatly on the willingness and the capacity of local courts and officials to co-operate with the programme. Even where local courts are open to monitoring, access is often limited by inadequate case-tracking systems or other scheduling or posting practices that hinder case identification and selection. Letters to and follow up meetings with court presidents, chief prosecutors and heads of bar associations provide an important means to introduce the programme and to attempt to make arrangements to overcome these problems. It is best for letters to be sent to the presidents of each court where monitoring will occur. The letters should explain the basis and purpose of monitoring, as well as make reference to the existence of any MoU. They should also politely request the support of the court, including in ensuring that all court judges are notified of the programme. Lastly, letters should request a meeting with the court to discuss the programme in more detail, answer questions, and address any issues or concerns.42 Initial meetings can next be scheduled with court presidents, chief prosecutors and heads of bar associations. Given the status of such judicial officials, it is important to attend with a person of commensurate rank within the monitoring organization. Meetings, like letters, may be used to introduce the programme, including its purpose, methodology and planned outputs. They can also address concerns as to the monitoring itself. The meetings should seek to build a working relationship and obtain buy-in regarding the programme’s goals. Meetings should also be used to establish an agreed methodology for identifying cases and obtaining documents. These meetings present a good opportunity to ask court presidents, chief prosecutors and heads of bar associations about the challenges they face in their duties, as well as any challenges they see in the domestic justice system as a whole. Programme managers may wish to make themselves directly available for the communication of any concerns that arise. Where a specific monitor is assigned to the court, the meeting should be used to make this introduction. If a monitor is not yet assigned, another introductory meeting should be scheduled when one is. Finally, the manager should inform court presidents, chief prosecutors and heads of bar associations if courtesy meetings with individual judges and prosecutors of the court will be sought to introduce the programme to them. 4.2.3 Contacts with individual judges, prosecutor, and defence counsel to introduce the trial-monitoring programme/monitor Apart from meeting with court presidents and any other high level officials, it is good practice for monitoring programme representatives to offer to meet with each judge whose proceedings will be followed, to introduce their activities and individual monitors. The same pattern as outlined above can be used in such meetings, which may be conducted by the manager or by the trial monitors themselves, as appropriate. In meetings with justice officials at all levels, trial monitors should demonstrate respect for the officials’ functions and express support for overcoming problems that judicial actors may face. It is especially important to convey that monitors are committed to observing proceedings comprehensively and objectively. Monitored officials may be defensive, critical or even aggressive towards trial monitoring if they perceive it to be an intrusive activity that questions their competence and authority. Against this background, meetings with justice officials represent a unique opportunity to show the programme’s good intentions and professionalism, as well as to dispel possible misunderstandings. Meeting with individual judges enables them to recognize the presence of monitors in their courtroom and be aware of their functions in advance of monitored proceedings. Experience indicates 42  A sample letter to a court president can be requested from the ODIHR Democratisation Department. 39