illustrates the extent to which the Moldova project programme found it useful to specify monitor responsibilities.
Example instructions on minimum monitoring obligations
Monitoring obligations:
Monitors are expected to monitor at least two court hearings per week … Monitors must
carry out their responsibilities in pairs. Each monitor should keep his or her own notes,
but each team will work together to prepare and submit a single report to the national coordinator. Any report prepared by one monitor will not be accepted unless the monitor has
obtained prior approval … The report to be submitted … shall be in the form of an appropriately completed checklist … The checklist will have to be submitted in completed form
within two days after the date when the hearing was monitored.
In addition to the checklist report, monitors will also have to prepare and submit a narrative
report on a monthly basis. This report will have to be submitted by each monitor individually. It should contain a summary of the most frequent procedural violations observed by
the monitor during that month, as well as any other pertinent information that was not fully
reflected in the checklist-report. See “Instructions to and Responsibilities of Monitors”
in “Guidelines for Trial Monitors” prepared for the OSCE Mission to Moldova’s Trial
Monitoring Programme.
7.3 Legal reference materials
Legal reference materials, including legal codes, secondary sources of law and commentary, and other legal materials and articles are often difficult to obtain in a postconflict context or where resources are scarce. In some settings, the applicable law may
also change with regularity. To build and maintain monitoring capacity, monitors must
be directly provided with legal reference materials.
Legal reference materials provide general reference on both primary and secondary sources of law and relevant legal conditions and issues.12 Such materials should
include:
• Copies of international and or regional fair-trial standards, including secondary reference materials such as commentaries;13
12 The provision of legal reference materials must be distinguished from reporting instructions, which also may
contain legal citations and reference to specific rules for purposes of systemizing internal reporting (see Chapter
6.4.1, “Using instructions to ensure a clear reporting methodology”).
13 Many such documents exist for general education, e.g., Amnesty International’s “Fair Trials Manual”, available online at <http://www.amnesty.org/ailib/intcam/fairtrial/fairtria.htm>; Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers (New York and Geneva: United
Nations, 2003), <http://www.unhchr.ch/pdf/train7_a.pdf>; Nuala Mole and Catharina Harby, The right to a fair
trial: a guide to the implementation of Article 6 of the European Convention on Human Rights (Belgium: Council
of Europe, 2001), Human rights handbooks No. 3, <http://www.echr.coe.int/library/DIGDOC/DG2/HRHAND/
DG2-EN-HRHAND-03(2006).pdf>; Monica Mocovia, The right to liberty and security of the person : a guide to
the implementation of Article 5 of the European Convention on Human Rights (Strasbourg: Council of Europe,
2002) Human rights handbooks No. 5, <http://www.echr.coe.int/library/DIGDOC/DG2/HRHAND/DG2-ENHRHAND-05(2004).pdf>.
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Trial-Monitoring: A Reference Manual for Practitioners
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