begins from the assumption that many programmes will focus on fair-trial standards
and related domestic laws, and it aims to provide guidance on how to develop, organize,
and support a monitoring programme.
Trial-monitoring takes different forms. Most commonly, it is known as a tool for
monitoring an individual case, usually a highly politicized one, for compliance with
international human rights standards. The focus of this manual, however, is on implementing a comprehensive trial-monitoring programme to carry out a systematic
assessment of parts of the justice system, as this reflects the predominant purpose of
OSCE trial-monitoring programmes. While contexts are discussed where trial-monitoring may best serve to provide international oversight where serious violations of
human rights and fair-trial standards are suspected, trial-monitoring is first and foremost discussed as a long-term activity that will support justice reform. To this end, special attention is paid to organizing programmes in co-operation with the host state and
in partnership with domestic organizations to ensure that trial-monitoring is part of a
wider process that will result in lasting reforms.
The focus of most OSCE trial-monitoring programmes has been on monitoring
criminal justice rather than civil or administrative justice, and the manual reflects this
emphasis. However, the practical advice and tools the manual provides will still be
of use for those who are considering organizing any form of trial-monitoring exercise, including civil or administrative justice or cases with strong political overtones or
human rights concerns.
The focus on trial-monitoring as opposed to monitoring the entire legal system
reflects a primary focus on those stages and aspects of the criminal justice process that
involve the judiciary in the public phases of court proceedings. This focus not only
correlates with an emphasis on judicial reform and the right to a public trial, but also
reflects a methodology that places emphasis on direct observation rather than information-gathering techniques that rely on third-party information. Strategies relating
to gaining access to court documents and observing closed judicial hearings are also
addressed as a means of expanding direct monitoring activities where consistent with
the purpose and focus of individual programmes. On the other hand, for purposes of
this manual, the direct monitoring of investigative proceedings, arrests, and detention
facilities are largely excluded, as they often require special access agreements to monitor directly or reliance on secondary information such as interviews. It is recognized
that this may limit the issues that a trial-monitoring operation may assess using the
principles and techniques presented in this manual. However, the advantages of this
approach are many, including wider acceptability of a monitoring methodology premised upon international law and not based on special rights of access that is capable
of being implemented by any organization.
Content and organization of the manual
The manual is divided into four sections. Section I, “Overview”, provides an introduction to the general principles underlying OSCE trial-monitoring programmes and the
capacities of such programmes to support justice reform. After this initial overview,
14
Trial-Monitoring: A Reference Manual for Practitioners
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