Perception of
Impartiality
Susceptibility to
Pressure
Capacity-Building/
Long-Term
Commitment
• Where monitoring involves
post-conflict cases involving war
crimes, ethnic violence, or other
sectarian issues, less likely to be
viewed as unbiased.
• More likely to be deterred by
access limitations or other
pressure not to report critically.
• Will most often remain incountry with acquired knowledge
and skills;
• More likely to continue
monitoring for longer periods
and/or subsequent projects.
• More likely to be viewed as
an impartial observer within
the goals of the programme.
However, bias may still be
attributed.
• Less likely to be deterred by
access issues given no permanent
connection to local actors.
• Will not be a permanent part of
local legal community;
• Less likely to engage in
monitoring after completion of
project or contract term.
4.4.5 Best practices for staffing monitors
• The organizer should undertake an estimate of the number of cases and/or hearings that need to be monitored based on programme scope and methodology. For
monitoring that intends to make systemic conclusions, the size of the team should
be sufficient to foster confidence in the methodology and provide for a representational sampling of courts and cases. For priority case monitoring, an estimate of
cases may be obtained by counting the number of such cases currently ongoing
from court or prosecutors’ records.
•
A full-time monitor may be expected to monitor and report on an average of 3-4
hearings a week. Factors affecting this range include: the methodology of monitoring (e.g., hearing observation or hearing observation with file review); the specifics and complexity of reporting requirements; access to cases; and the assignment
of other monitoring responsibilities such as gathering secondary information or
other weekly reporting.
•
The benefits of pairings are most pronounced at the early stages of a programme
when the monitoring procedure and reporting are new and/or resistance exists in
courts to the presence of monitors. As monitoring procedures become standardized and access issues decrease, the break-up of pairings will greatly increase the
coverage capacity of a monitoring team.
•
It should be expected that a number of monitors will be insufficiently skilled or
otherwise unlikely to remain on staff. It is therefore useful to slightly overstaff with
the expectation that there will be some attrition.
•
International monitors are best suited to monitor cases when there is a politically
charged domestic context that implicates the independence or the impartiality of
the entire judicial process. However, the purpose of such monitoring will usually
not be to seek judicial or systemic reform as a primary goal but to respond to
Trial-Monitoring: A Reference Manual for Practitioners
53
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents