Introduction
A number of OSCE participating States, in particular the states of the former Soviet
Union and of South-Eastern Europe, continue to receive assistance with the development of functioning justice systems that adjudicate cases consistent with the rule of
law and international human rights standards. In recent years, OSCE trial-monitoring
programmes have proven to be a valuable, multi-dimensional tool to support and even
drive the process of judicial reform, and to assist participating States in developing such
functioning justice systems.
By increasing the transparency of the judicial process, trial-monitoring is itself an
exercise in support of the right to a public trial. When organized as a long-term programme, trial-monitoring is a unique diagnostic tool that enables assessment of the
functioning of an important part of the justice system, acting as a spotlight to identify
areas in need of reform while also providing a direction for these reforms. Trial-monitoring programmes have also proven to be an effective vehicle to train and engage local
lawyers and organizations in the process of justice reform, thereby increasing their
capacity in the long term.
Document of the Copenhagen Meeting of the Conference on the Human Dimension
of the CSCE (Copenhagen 1990), para. 12: “The participating States, wishing to ensure greater transparency in the implementation of the commitments undertaken
in the Vienna Concluding Document under the heading of the human dimension
of the CSCE, decide to accept as a confidence-building measure the presence of observers sent by participating States and representatives of non-governmental organizations and other interested persons at proceedings before the courts as provided
for in national legislation and international law … .”
Purpose, scope, and focus of the manual
The purpose of this manual is to serve as a resource for practitioners and representatives of international and domestic organizations, professional associations, and
other groups interested in developing a trial-monitoring programme to support justice reform. It provides such groups with the principles and guidance needed to organize and operate a trial-monitoring programme. Based directly on the experiences of
12 OSCE field operations and of ODIHR, it shares field-tested strategies and techniques to enhance the capacities and effectiveness of trial-monitoring programmes.
It is not a guide to international fair-trial standards, nor does it suggest how to assess
an individual proceeding to determine compliance with such standards.1 This manual
1 For a list of published materials providing information on international fair trial standards generally, see Section 7.3 “Legal reference materials”, footnote 18.
Trial-Monitoring: A Reference Manual for Practitioners
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