7.3.2 A manual as a resource to build local capacity
In addition to providing a useful resource for a programme, a legal reference manual
may also be shared with other local institutions where it may serve more widely as an
educational tool for the local legal community. This may be extremely beneficial in settings where legal resources and educational materials are in short supply. In this way, a
manual may help build awareness of fair-trial standards and other legal issues among
interested legal professionals and civil society groups that would not otherwise have
access to such information.
Example: Trial Monitoring Manual of the Trial Monitoring Programme,
OSCE Mission to Moldova
More than six months in advance of implementation in March 2006, the Moldova Trial
Monitoring Programme commissioned the drafting of a comprehensive, 300-page trialmonitoring manual. Consistent with the purpose of the programme, the manual provides an
in-depth overview of international fair-trial standards, including specific focus on European
Court of Human Rights decisions involving Moldova and relevant domestic case law and
criminal procedures. In addition, the substantive provisions of the criminal code are presented for the priority cases monitored by the programme, as well as other background information relevant to the right to a public trial and monitoring generally.
The manual was drafted primarily by an international expert on international fair-trial standards, with additional input from local experts and OSCE Mission staff who contributed
to conforming it to the local context. The manual is intended to be both an educational
resource for the local legal community, as well as a reference for monitors in the day-today observation and analysis of fair-trial standards. It has therefore been shared with local
NGOs, interested officials and individuals, and is used as a primary legal resource for monitor training sessions.
7.4 Training sessions
Regular training sessions are essential to ensure that monitors have the requisite legal
knowledge, observation, and reporting skills to provide reports to meet the needs of
the programme. In general, comprehensive training should be given at the inception of
a programme to provide instruction to all monitoring and other staff. Thereafter, training should be provided each time the programme changes the substance and methodology of monitoring. At a minimum, for longer-term programmes, comprehensive
training sessions should be organized once a year. Some project programmes have also
scheduled follow-up training sessions 3-4 months after the inception of a programme
to get feedback, adjust monitoring methodology, and clarify reporting. The following
provides guidance in organizing trial-monitoring training based upon the experience
of OSCE programmes.
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Trial-Monitoring: A Reference Manual for Practitioners
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