Reconciliation
underpinned by the principles of objectivity and non-intervention
in judicial processes. The first principle aims at respecting the
precept of judicial independence, thus requiring that all trial
monitoring programmes respect and enhance the independence
of the courts, both through their design and through the activities of the monitors. The second principle requires that the trial
monitoring programme accurately reports on legal proceedings
using clearly defined and accepted standards, and applies these
standards impartially.
The OSCE conducted an extensive trial monitoring program in a
post-conflict context, which included observing and reporting on
all war crimes cases across the country. The public, key partners
in the justice sector, the international community, and NGOs were
the report recipients. All war crimes proceedings were monitored
from the time that an indictment was handed up until the verdict
became final and binding.
In implementing the monitoring programme, the OSCE assessed
and identified systemic issues in the country’s judiciary and
provided recommendations for the improvement of its legal
and judicial systems. The OSCE’s guidance supported the state
in upholding its constitution, its criminal procedure codes, and
internationally recognized human rights and fundamental
freedoms, and in fighting the most complex forms of crimes, such
as war crimes, terrorism, corruption, and trafficking in human
beings. The programme supported the creation of transparency
and clarity for citizens, increasing their trust in institutions, and
making it easier to talk about the past.
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