political groups, or broad statistical analysis highlighting an imbalance in the number
of arrests, prosecutions, dismissals, or verdicts.
Where monitoring and reporting focus on particular types of cases, it often relates
to specific concerns regarding the potential for violations of fair-trial standards. Here,
reporting on such cases may provide documentation of abuses within the criminal justice system. In this setting, reports on specific cases often also serve as political reporting, thereby ensuring that fair-trial abuses do not go unnoticed by the international
organizations providing support for political pressure to be applied to rectify these
abuses.
Examples of case-specific reports
War Crimes:
“Kosovo’s War Crimes Trials, A Review”, OSCE Mission in Kosovo (2002)
“War Crimes Before the Domestic Courts”, OSCE Mission to Serbia (2003)
“Supplementary Report: War Crimes Proceedings in Croatia and Findings From Trial
Monitoring”, OSCE Mission to Croatia (2004)
“Background Report: Domestic War Crimes Trials”, OSCE Mission to Croatia (2005)
“War Crimes Trials Before the Domestic Courts of Bosnia and Herzegovina”, OSCE
Mission to Bosnia and Herzegovina (2005)
Trafficking:
“Combating Trafficking in Human Beings through the Practice of the Domestic Courts”,
coalition All for Fair Trials, former Yugoslav Republic of Macedonia (2005)
Other, even more specific reports:
“Report from the Trial Monitoring Project in Azerbaijan 2003-2004”, ODIHR, OSCE
Office in Baku (2005)
“The Response of the Justice System to the March 2004 Riots”, OSCE Mission in Kosovo
(2005)
“The Successful Suppression of Election Regularities (The Election Cases)”, coalition All
for Fair Trials, former Yugoslav Republic of Macedonia (2005)
“Report from the OSCE/ODIHR Trial Monitoring in Uzbekistan - September/October
2005”, ODIHR (2006)
Although the monitoring of specific cases is usually primarily done for reasons other
than justice-sector reform, such reports will also often provide conclusions and recommendations geared to enhance the even-handed application of justice and compliance
with international fair-trial standards. This is particularly true for projects through
which numerous cases are monitored rather than a single case. In this way, reporting
not only provides findings related to such cases specifically, but may identify thematic
issues that impact the justice system generally.14
14 Such issues have included: the existence of adequate witness-protection measures; lack of regional law
enforcement co-operation; insufficient prosecutorial resources; the adequacy of defence counsel; and other problems that may affect the effective and fair administration of justice more broadly.
Trial-Monitoring: A Reference Manual for Practitioners
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