• Equality of arms (including right to present evidence, call and examine witnesses, adequate time for preparation of defence); • Application of the presumption of innocence and burden of proof; • Right not to be compelled to confess guilt and right to silence at trial; • Right to be tried without undue delay and overall efficiency of trial proceedings (reasons for delays and other problems related to postponing and adjourning hearings); • Right to an interpreter; • Right to a public and reasoned judgement on guilt and punishment; • Victim’s rights issues, including right to a lawyer, compensation, and protection mechanisms; • Application of other domestic procedures and rules related to the conduct of effective and fair trials; • Professionalism and performance issues related to legal practitioners; • Specific victim and/or witness rights, juvenile justice, or the implementation of other laws in open, closed, or non-public hearings (if closed trial hearings are monitored) II. Issues that may be monitored with access to pre-trial judicial proceedings* • Right to prompt judicial review upon arrest and related issues (legal basis of custody, opportunity of detainee to be heard, and regularity of custody review); • Right of suspect to information at the time of judicial review of custody (including right to be informed of charges); • Right to legal counsel at the pre-trial stage, including custody hearing; • Right to trial within a reasonable time after detention. * In many systems, pre-trial judicial proceedings are accessible and may be monitored by the same methods and strategies as trial hearings (although the right to a public trial is not directly applicable to such proceedings). However, this will not usually be the case in many former Soviet systems, where the review of custody may still be undertaken by the state prosecutor’s office. III. Issues requiring access to investigative (or non-judicial) proceedings, use of secondary information such as interviews, or access to detention facilities • Rights upon arrest (including the right to be notified of reasons for arrest, right to counsel, right not to be compelled to confess guilt, right to silence, and right to an interpreter);* • Right of detainees to have access to outside world; • Right to humane conditions and to be free from torture; • Right to challenge lawfulness of detention. * Although records of interrogation often exist as part of an investigative or court file, for monitoring issues related to the accused’s rights upon arrest and detention, these records should not be considered determinative of the conduct of the arrest or investigative procedures. 32 Trial-Monitoring: A Reference Manual for Practitioners