94 Trial Monitoring: A Reference Manual for Practitioners required to recognize problematic issues when they occur. After observing such an issue in a given case, the monitor prepares a case report that describes in detail the nature of the problem in detail, (possibly) recites the relevant procedural history, discusses the application of domestic law, and reaches a conclusion regarding the application of fair trial standards. In this way, an open system is conducive to in-depth treatment of specific issues or problems as they arise. At the same time, under an open system it is unlikely that a monitor will systematically report on or provide analysis of issues or practices where no problems are identified. Nonetheless, programme instructions may ask monitors to report especially good practices that they observe. An example of an open reporting template, a tracking memo from the Legal System Monitoring Section, (LSMS) in the OSCE Mission in Kosovo is provided below. Legal Systems Monitoring Section Tracking Memo To: Cc: From: Date: Re: Chief of LSMS LSMS Legal Analysts Case Name I. Case Information • Defendant(s), date of birth, ethnic group(s) • Court • Prosecutor • Defence counsel • Injured party (parties), date of birth, ethnic group(s), representative • Pre-trial judge • Confirmation judge • Trial or retrial panel • Charge(s) • Dates of detention and of release • Verdict I. Stages of the Proceedings Each time you mention a case in dailies, you have to systematically copy and paste it in this form in order to have all information related to the case in the same document. 1. Police custody 2. Detention 3. Investigation pre-indictment 4. Indictment - Summary of indictment - Date of the indictment 5. Confirmation hearing 6. Trial 7. Verdict - Date of announcement of the verdict - Date of the filing of the written verdict Appeal/Supreme Court 8. Retrial 9. While serving sentence I. Concerns/remarks (For use if the information does not fit into any of the above-mentioned stages.)

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