Even if instructions are not specifically included on a sample reporting form as above,
general reporting instructions should be issued to improve the consistency of reporting
methodology, thereby enhancing the capacity to assess and compile reports. Instructions are equally important for closed reporting systems, which are also susceptible to
divergent approaches to reporting despite the more structured format.
6.4.2 Simplifying factual reporting
The necessity of reporting the facts and evidence of a case is an issue that relates directly
to the purposes of monitoring. For programmes monitoring trials solely from a procedural perspective, evidence related to the circumstances of the underlying crime is
often irrelevant to an analysis of the application of domestic law, fair-trial standards,
or other issues related to the functioning of the courts. When this is the case, detailed
reporting regarding testimony, documents, and other evidence presented at trial has
the potential to unnecessarily complicate or lengthen reports, as well as shift attention
and focus from procedural issues or fair-trial rights to the merits of a case. For these
reasons, in designing an efficient reporting system, programmes should seek to minimize the reporting of evidence as far as possible in line with the purpose of the programme. For programmes that seek to limit reporting evidence relating to the underlying crime, two situations should be kept in mind where reporting on evidence and facts
may be important to the focus of monitoring.
Reporting facts to illustrate the application of fair-trial standards or other issues
Reporting facts and evidence may at times help illustrate the application of domestic
laws or fair-trial standards. In particular, the right to confront witnesses, present evidence and witnesses, have effective defence counsel, and other fair-trial protections
may be difficult to fully assess in some cases without some treatment or reference to
the facts of the case. For example:
• Where a conviction is based on an unchallenged statement in the police file,
reporting on the content and significance of the statement may illustrate the
violation of the right to confront witnesses, or alternatively a problem with the
effectiveness of a defence counsel who failed to cross-examine the witness;
• If a conviction is based upon illegally seized evidence, a compelled confession, or the testimony of a defendant who was not provided with instructions
regarding their rights, discussion of the content and significance of evidence
may help illustrate the nature of the right violated;
• Where monitoring seeks to assess adversarial trial rules that place the obligation to provide evidence on the prosecutor, a description of the significance of
the evidence presented by the judge (as opposed to the prosecutor) may illustrate the extent to which the judge is engaging in the prosecution and therefore demonstrates the implementation of the new trial rule;
• Where monitoring seeks to document the need for, or effectiveness of, witness-protection measures, e.g., where earlier statements are recanted, a comparison between an earlier incriminating statement and the testimony at trial
may highlight the need for effective witness-protection measures.
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Trial-Monitoring: A Reference Manual for Practitioners
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