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CHAPTER 2
Conducting a Preliminary Assessment
An organization will often start with a general concept of how a trial-monitoring programme might
support a process of justice-sector reform or improvements in the situation of human rights and
rule of law. Specific problems with the administration of justice will already have been identified and
some knowledge will have been developed regarding the domestic context. Even given this, a thorough preliminary assessment should be undertaken to define what the programme aims to achieve
and to determine the most appropriate focus, scale and duration.
This chapter provides an overview of issues that should be covered in a preliminary assessment, including evaluating various in-country conditions and assessing an organization’s own capacities
and the resources it possesses to organize and run a successful monitoring programme. Operational issues, such as access and how a programme’s focus impacts its scale and duration, are also
addressed. A preliminary assessment should provide an informed basis for selecting the type of
monitoring programme and the institutional model that will best serve a programme’s aims and
meet its anticipated operational needs.20 The preliminary assessment will help with programme
planning and securing external funding.21 It can also be used as a baseline for future assessments of
the progress and impact of the programme.
An assessment should be carried out not only before the start of a monitoring programme but also
when a programme considers expanding into additional fields or changing its thematic focus or
priorities.
2.1 Evaluating in-country conditions, organizational capacities and access issues
As a first step in a preliminary assessment, both in-country conditions and the internal capacities
and resources of the organization seeking to engage in monitoring should be evaluated to help determine the programme’s aims and to identify the focus of monitoring.
2.1.1 In-country conditions
Most importantly, a preliminary assessment should evaluate the current situation in-country with
regard to the functioning of the justice system and realization of fair trial rights. This may include reviewing those justice issues that have been previously identified as problematic, including any issues
related to compliance with fair trial standards and other practices having an impact on the effective and fair functioning of the system overall, or in regard to specific types of cases. An assessment
should entail a “desk-based�� review of current laws and previous reports on the justice or court system, as well as consultations with judicial authorities and representatives of local and international
organizations engaged in rule of law, police reform and relevant human rights work. The assessment
will most likely identify a wide range of issues that might be addressed through a monitoring programme. The eventual programme does not, however, have to be limited to issues identified in the
20 See Chapter 3, “Choosing an institutional model”.
21 On the impact of the choice of the donors on the principle of objectivity, see Chapter 1.2.2.
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