Chapter 7 — Programme Structure and Staffing Issues The number of cases to be monitored in a given programme will also play a major role in determining staffing needs. A full-time monitor may be expected to monitor and report, on average, on three or four hearings per week. Factors affecting this range include: the methodology of monitoring (e.g., hearing observation or hearing observation combined with file review and possible interviews); the complexity of reporting requirements (e.g., simple reproduction of facts or also first level analysis of observations); and the assignment of other responsibilities, such as other regular reporting. In practice, budgetary considerations and the availability of qualified candidates also impact upon the size of a monitoring team, as well as on the decision to opt for international or national monitors, or to seek a partnership with another organization to conduct monitoring.70 A final consideration is whether a programme requires monitors to cover proceedings individually or to work in monitoring pairs.71 A number of OSCE field operations, including those in Kazakhstan, Kyrgyzstan, Moldova and Tajikistan, have opted for pairs, so that two monitors work as a team observing cases and writing the internal reports. The benefits of pairings are most pronounced at the early stages of a programme or where there is resistance to the presence of monitors in courts. 7.3.2 Recruitment When recruiting, a manager should endeavour to assess not only the candidates’ professional and academic credentials relating to law and human rights, but also their communication skills and ability to internalize the trial-monitoring principles of non-intervention, impartiality, confidentiality and professionalism. Experience indicates that it is preferable to seek monitors with full legal degrees. This helps ensure that the monitors are familiar with legal proceedings and the challenges justice actors face in their work. Legal qualifications provide monitors with the requisite background to engage in legal reporting, and can also increase confidence among the local judiciary in the quality of the monitoring. However, significant prior legal experience is not a prerequisite. OSCE field operations in Bosnia and Herzegovina, Kazakhstan and Moldova have found freshly admitted lawyers well placed to monitor new reforms and absorb new concepts, including in the implementation of fair trial standards. Some programmes have experienced problems in hiring law students, given the perception of the judiciary towards non-graduates, the competing priorities imposed by their studies on their time, and wavering levels of interest. Although individuals without a legal background have been successfully trained as monitors, this has generally been the exception.72 Managers should ensure that candidates have no conflict of interest that could compromise monitoring, such as practicing in a court that will be monitored. Pre-existing relationships with legal actors or court personnel must also be addressed. While some familiarity with court personnel or legal actors can often prove to be positive, a monitor should not have a special relationship that could compromise their impartiality. If too close a relationship exists, a monitor may be hired for a different court or area of responsibility. For lawyers who have been associated with NGOs involved in advocacy, the interview process should investigate the nature of the advocacy, to determine whether the candidate will be perceived as sufficiently impartial/objective. Job applicants who are active in politics might also not be seen as impartial by some courts. 7.3.3 Contract obligations For staff-model programmes, OSCE contracts should describe the requirements of the post and the need to comply with staff rules and the OSCE Code of Conduct. 70 See Chapter 3.4, “Hybrid Trial Monitoring Models – Programme Partnerships”. 71 See Chapter 8.5.4, “Monitor pairing”. 72  A sample terms of reference for a trial monitor can be found in Annex V B. 59