Chapter 1 — Trial Monitoring: Purpose and Basic Principles
1.3 Description of the different trial-monitoring methodologies
1.3.1 Description of trial-monitoring methodologies according to scope – types of
monitoring programmes
This manual addresses three types of trial-monitoring methodologies, separated according to their
scope and objectives: systemic trial monitoring, thematic trial monitoring and ad hoc trial monitoring. The aims, modus operandi and outcomes of each type of monitoring are described in more detail in Part III, Part IV, and Part V, respectively. The paragraphs below provide a general introduction
and comparison of the methodologies. It should be noted, however, that programmes often combine
aspects of the different methodologies, in order to respond to emerging needs or to ensure adequate
coverage of priority cases. For instance, it is common for systemic programmes to include thematic projects in relation to vulnerable groups. The classification into three types of monitoring used
in this manual was chosen for ease of reference and description and, therefore, is not absolute, but
is intended to illustrate the main methodological approaches commonly used in trial monitoring.
ÀÀ Systemic Trial Monitoring
Systemic trial monitoring refers to the type of programme conducted as part of a wide, well-resourced and long-term project, which has a general mandate and aims at supporting broad justicesector reforms. It relies on trial monitoring as a basic source of information. However, it adopts a
more comprehensive approach in regard to gathering information, as it looks also at the impact
other institutions have on the effective administration of justice. Systemic trial monitoring would,
in principle, not exclude any types of case from its activities, but it usually identifies certain kinds
of proceedings as priorities. The focus of monitoring may change over time, either in response to
emerging events or as a consequence of programme developments. For example, a systemic programme may focus on criminal proceedings first, and then expand to include civil proceedings. The
long-term commitment and comprehensive approach of systemic programmes leads to a deep understanding of the strong and weak points of a justice system and gives such programmes the ability to gain the confidence of stakeholders and carry out a variety of advocacy activities.
ÀÀ Thematic Trial Monitoring
Thematic trial monitoring refers to projects that focus on a specific category of cases, phase of proceedings or subject matter. Such programmes have been created to follow, for instance, proceedings
on charges of war crimes19 or organized crime, as well as proceedings involving vulnerable groups or
the application of new codes. Thematic monitoring can be triggered by a specific issue that might be
of grave concern or by any other special challenges faced by a justice system. It can be conducted as
part of a systemic trial-monitoring programme or separately. The term “thematic trial monitoring”
is used in this manual primarily to describe programmes that cover a specific topic for an extended
time, assign staff, and develop an identifiable methodology for their work, in contrast to systemic
trial monitoring, which looks at broader issues. Thematic monitoring allows for more in-depth review of an issue and requires specialization by the monitoring staff to match the specificity of the
fields of law being monitored. Often, it necessitates access to additional data and stakeholders. As
the host country counterparts dealing with a specific issue may be limited in number and more easily identified, building closer relationships and confidence among interested parties may be possible, and can lead to more effective and targeted advocacy. Due to its specialized nature, thematic
monitoring may be less able to identify systemic problems in the justice sector than systemic trial
monitoring.
19 The term “war crimes” is used in this manual as a generic term to refer to of grave breaches of the Geneva Conventions and
other violations of the laws of armed conflict, crimes against humanity and genocide.
21
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