Chapter 11 — Internal Reporting Systems In civil or administrative proceedings, fact reporting would include reference to the main elements of the dispute in question and other elements described above, as applicable. The importance of and emphasis on fact reporting will differ significantly, depending on the purpose and focus of the monitoring programme. Since reporting on evidence, including testimony, is time-consuming, programmes must carefully consider whether to emphasize or summarize, or even whether to include, references to evidence in their reporting. Chapter 11.4.2 addresses factual reporting in more detail, with a view to simplifying the reporting of facts. ÀÀ Legal analysis and findings Legal analysis and findings are at the core of most case reports, as they constitute the conclusions of monitors on the specific issues selected for monitoring. The information included in a case report depends on the focus and purpose of the programme. In OSCE trial-monitoring programmes the following issues have been included:141 • • • • • • • • compliance with fair trial standards, including right to liberty and detention issues; judicial independence and impartiality; implementation of domestic laws and reforms; functioning of the court system, including delays; issues related to facilities and resources; sentencing practices; the professionalism of legal actors involved in proceedings; issues related to the functioning of collateral justice institutions, such as juvenile, mental-health or correctional services; • court police and warrant procedures; and • issues related to the administration of justice regarding specific crimes, such as war crimes or those involving trafficking, corruption or underlying human rights violations. Even when different programmes have a similar focus, the manner of presenting the analysis in case reports may vary. For instance, depending on the reporting methodology, findings may be conclusive (e.g., “the defendant was not provided with adequate instructions as to the right to an attorney”) or more descriptive, including a narrative description of the judge’s instruction and the defendant’s response, as well as an analysis of whether the instruction complied with relevant provisions of domestic law and/or international standards. As a result, the presentation of legal findings and analysis may be structured in a number of different ways, depending on the case reporting system. 11.3 Selecting a case-reporting system There are two basic types of standardized case-reporting systems, which may be classified as “open” (or narrative) and “closed” (or questionnaire). These reflect different methodologies in analyzing and reporting legal findings. In the OSCE, both systems have been employed by programmes reporting on identical issues. Therefore, the choice of a reporting system depends on broader questions of programme methodology and is not directly linked to the focus or subject matter of monitoring. The following subchapters describe and compare these two basic reporting systems. It is possible to combine elements of each system in a “hybrid system”, and such a system is also described. 11.3.1 Open (or narrative) reporting system A reporting system is open when the case-report template provides limited structure to the monitor and invites a narrative approach to presenting facts and analysis. An open system allows monitors greater discretion in reporting and analyzing issues as they arise. Under open systems, monitors are 141 Also see the charts in Annex II. B and Annex VI and Chapter 11.3, “Selecting a case-reporting system”. 93