9.2 Consultations prior to issuing reports
Consultations with the relevant authorities over the content of a public report prior to
issuance may take a number of forms. Consultations may involve the mere disclosure
of the report or provide an opportunity to comment. They may also extend to allowing local actors meaningful participation in the formulation of recommendations. In
practice, consultations need not consist of providing the entire report to authorities,
but may involve outlining the major conclusions and recommendations. In the end, the
form consultations should take will depend on the programme’s relationship with the
authorities and what is likely to be accomplished in a consultation process.
In deciding what form consultations should take, a programme should consider what
it seeks to achieve. At a minimum, consultations with the same authorities that are
the target of findings or recommendations is a professional courtesy and can assist in
maintaining a good working relationship especially where reports may be critical. Such
authorities may include representatives from the Ministry of Justice, Supreme Court,
legislative bodies, or other institutions. Another purpose of consultation is to provide
assurance against publication errors and give local authorities a chance to respond to
what they believe to be inaccuracies in the report. This process may identify new information or provide new perspectives on data, thereby allowing a programme the opportunity to correct errors and adjust conclusions as appropriate.
As the implementation of recommendations will require the commitment of local
officials, consultations also provide an opportunity to get feedback from various institutions and actors on how to address specific problems. This process may not only help
identify workable solutions from local perspectives, but may also create the necessary
buy-in of local officials into the reform process, giving them an important stake in the
success of the recommendations. Frank discussions during this process may also help
programmes identify partners willing to assist in the reform process, as well as identify
those interests that are indifferent or opposed to change. In this way, consultations provide an additional means to obtain information regarding stakeholder interests.
Although consultations cannot ensure that recommendations are implemented,
there is also little harm that may come from discussing findings in advance of issuing a public report. Only where there is no hope of any productive response from any
institution or official should consultations be avoided. For instance, this may be the
case where it is clear that state actors are antagonistic to trial-monitoring or reform
more generally. By virtue of the OSCE political commitment to trial-monitoring, however, OSCE trial-monitoring programmes have generally been able to build a level of
consensus with different local actors on the aims and goals of trial-monitoring so as to
make consultations productive.
9.3 Joint issuance of reports
A joint public report is a report that is issued in conjunction with another institution or
organization. Although both organizations need not contribute to produce the report,
both organizations publicly stand behind the report’s content, conclusions, and recommendations upon publication. The issuance of joint reports may raise the visibility and
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Trial-Monitoring: A Reference Manual for Practitioners
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