Presentation of findings and legal analysis. Reports will differ in terms of
the issues monitored, standards applied, and findings. The following are general considerations regarding structure and content that are useful for all reports:
• Introduce issues: Clearly define and delineate the scope of the topics and issues
presented to illustrate the significance of each area that will be addressed;
• Present the findings within the applicable legal framework: Prior to presenting
the findings of monitoring, clearly set forth the applicable legal framework for
analysis, including the domestic law and international fair-trial standards.
Using monitoring data and case information. Trial-monitoring reports
derive their strength from monitoring actual cases as they proceed in the system. Monitoring reports are not legal reviews of the legislative framework or treatments of other
aspects of a legal system. Therefore, monitoring data and case information must always
provide the central support for findings. Monitoring data and case information may be
presented in a number of ways:
• Illustrations of particular practices or problems: Using a detailed example
from an individual case is an excellent technique for illustrating a particular
problem. In providing examples, it should be representative. Errors or unjust
results occur in individual cases in every system of justice and focusing on
such singular cases does not serve a clear purpose and may be misleading.
As a result, case examples should be presented only after first establishing
and demonstrating that they are representative of a trend or part of systemic
problem. In other words, examples should be illustrative of a larger general
problem observed, not presented only to show that a problem occurred in a
specific case;
• Use of case names: The decision to provide case names ultimately relates to the
purpose of reporting. Citing an exemplar case by name is not always necessary when using a case to illustrate a particular issue in a thematic or systemic
report seeking to identify general practices and trends. For such a report, reference to the particulars of the case and court may be sufficient to illustrate the
problem without providing the name of the defendant or case. On the other
hand, when monitoring focuses on specific cases, crimes, or events, it may
serve the purpose of monitoring to provide the case name for political or other
documentation purposes;
• Statistics: Statistics can have a powerful impact in illustrating the scope or
severity of a problem for programmes using quantitative analysis. Official
statistics may also help supplement qualitative monitoring or reporting of
specific types of crimes, helping to illustrate imbalances in the numbers of
arrests, prosecutions, dismissals, or verdicts. However, not all statistics are
valuable statistics, and they must be used carefully. For instance, the percentage of defendants represented by counsel in all cases monitored may not be
significant when many cases were minor offences. On the other hand, statistics regarding the number of defendants informed of their right to a defence
counsel in these same cases would much better illustrate an issue relevant to
fair-trial standards;
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Trial-Monitoring: A Reference Manual for Practitioners
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