tive and fair functioning of the system. The following are a few examples of the aims and focus of OSCE trial-monitoring programmes: • To monitor cases in the justice system and assess their compliance with international standards, including human rights and fair-trial standards, and to report on matters of concern (Legal System Monitoring Section, OSCE Mission to Kosovo); • To assess whether the courts are prosecuting war-crimes cases impartially with respect to the defendant’s national origin (Domestic War Crimes Programme, OSCE Mission to Croatia): • To compile reliable information on practices of criminal justice with an aim to support ongoing reforms and identify areas of concern to be addressed (Trial Monitoring Project in Kazakhstan and Trial Monitoring Project in Kyrgyzstan, ODIHR and OSCE Centre in Almaty, and ODIHR and OSCE Centre in Bishkek, respectively); • To monitor and disseminate information on fair-trial standards and raise awareness of such standards among international and national actors, paying special attention to trafficking, domestic violence, and corruption cases (Trial Monitoring Programme, OSCE Mission to Moldova). In addition to assessing the functioning of the justice system or targeting other specific criminal justice issues, other aims may also be of equal importance. For example, capacity-building may also be a priority. Where this is the case, programmes may seek as a primary goal to employ and train national monitors, partner with domestic NGOs, or facilitate the creation of a domestic monitoring group or network. Each of these methods has been utilized by OSCE field operations to transfer knowledge and skills to local individuals and to support the development of domestic trial-monitoring capacity. Programmes have also used trial-monitoring to increase awareness of the judiciary and of the right to a public trial and other fair-trial standards, as well as to expand the right to a public trial in practice.4 2.2 Evaluating in-country conditions and organizational capacities As a first step in a preliminary assessment, both in-country conditions and the internal capacities and resources of the organization seeking to engage in monitoring should be evaluated to help determine a programme’s aims and to identify the focus of monitoring. 2.2.1 In-country conditions Most importantly, a needs assessment should evaluate the current situation in-country with regard to the functioning of the criminal justice system. This may include a review of those criminal justice issues that have been previously identified as problematic, including any issues related to compliance with fair-trial standards and other practices 4  An overview of the different OSCE programmes, including a description of their primary aims and purposes, is provided in the Appendices. 28 Trial-Monitoring: A Reference Manual for Practitioners

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