Chapter 1 Trial-monitoring: purposes and basic principles 1.1 Trial-monitoring – a multifaceted tool As states, civil society groups, and international organizations seek to enhance the fairness, effectiveness, and transparency of judicial systems, trial-monitoring programmes may serve as a multifaceted tool in this process. To maximize the effectiveness of this tool, organizations must be aware of the different capacities of trial-monitoring and design a programme that will be most responsive to the needs of a particular domestic context. The capacity of a trial-monitoring programme may be conceptualized in the following manner. A diagnostic tool to support justice reform A trial-monitoring programme is a diagnostic tool to collect and disseminate objective information on the administration of justice in individual cases and to draw conclusions regarding the broader functioning of the justice system. Through focused observation, trial-monitoring programmes systematically collect information about practices and conditions that prevail in the justice system. In the dissemination of information collected, trial-monitoring programmes provide objective findings and conclusions for the consideration of all stakeholders. A programme’s recommendations and advocacy efforts also guide and influence state authorities, officials, and other stakeholders to take action and make reforms that are responsive to these conclusions. In this way, trial-monitoring programmes enable an assessment of the functioning of parts of a judicial system to proceed upon a foundation of fact while also providing a direction for justice reform efforts. The exercise of the right to a public trial At its most basic level, the act of monitoring a trial is itself an expression of the right to a public trial and increases the transparency of the judicial process. In individual cases, the exercise of this right may serve to improve the effective and fair administration of justice through the presence of an observer representing the public interest. Over time, trial-monitoring programmes raise awareness of the right to a public trial within the judiciary and among other legal actors, opening the door to wider awareness and acceptance of international human-rights and fair-trial standards. Trial-Monitoring: A Reference Manual for Practitioners 19