Chapter 12 — Advocacy Strategies Examples of thematic reports by the OSCE • “Delivering Justice in Bosnia and Herzegovina: An Overview of War Crimes Processing from 2005-2010”, OSCE Mission to Bosnia and Herzegovina (2011). • “The Mitrovicë/Mitrovica Justice System: Status Update and Continuing Human Rights Concerns”, OSCE Mission in Kosovo (February 2010). • “Reasoning in War Crimes Judgements in Bosnia and Herzegovina: Challenges and Good Practices”, OSCE Mission to Bosnia and Herzegovina (December 2009). • “Judicial Proceedings Involving Domestic Violence”, OSCE Mission in Kosovo (November 2009). • “Pre-trial Detention: National Practice and International Standards”, OSCE Spillover Monitor Mission to Skopje (March 2008). • “The Treatment of Different Communities in the Kosovo Justice System: A Statistical Overview of Punishments and Trial Outcomes in District, Municipal and Minor Offences Courts”, OSCE Mission in Kosovo (December 2008). • “The Presumption of Innocence: Instances of Violations of Internationally Recognised Human Rights Standards by Courts of Bosnia and Herzegovina”, OSCE Mission to Bosnia and Herzegovina (2007). 12.2.3 Reports on individual cases or sets of cases Another type of report addresses a particular set of proceedings or, exceptionally, may even centre on a single case. Such reports are usually prompted by a particular domestic context. For example, a set of cases may be important from the perspective of justice in systems in transition or may relate to broader security interests. When many cases of a specific type are examined in a report, this can resemble a thematic report; there is no absolute division between thematic reports and reports covering a specific set of cases. OSCE reports on individual cases or sets of cases have reviewed the application of criminal law, victims’ rights and witness-protection issues. Another topic of reports has been war crimes prosecutions. Although such reports have a specific focus, they also provide factual information on prosecutions and sentencing for specific crimes; comparative case analyses of differences in the application of standards in charging, trying and sentencing individuals from different ethnic or political groups; or a broad statistical analysis highlighting an imbalance in the number of arrests, prosecutions, dismissals and convictions. Reporting on individual cases or sets of cases is often prompted by specific concerns regarding the potential for violations of fair trial standards or human rights in general. Such reporting may document abuses within a justice system. In the OSCE context, reports on such cases may also serve as tools to bring fair trial or human rights violations more to the attention of international organizations, which may take action within their mandates in response to the abuses. Although monitoring specific cases may be carried out for reasons other than justice-sector reform, such reports will often provide conclusions and recommendations geared towards enhancing compliance with international fair trial standards. This is particularly true when numerous cases are monitored or when monitors compare the treatment of the monitored case to the manner in which other cases are adjudicated. In this way, reporting not only provides findings related to specific cases, but may identify thematic issues that impact the justice system more generally.166 166  Such issues have included: witness protection measures; lack of regional law enforcement co-operation; insufficient prosecutorial resources; adequacy of defence counsel; and other problems. Rule 11bis reports of the OSCE Mission to Bosnia and Herzegovina also endeavoured to compare the specific cases monitored to other types of war crimes cases and similar cases. 111

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