tive and fair functioning of the system. The following are a few examples of the aims
and focus of OSCE trial-monitoring programmes:
• To monitor cases in the justice system and assess their compliance with international standards, including human rights and fair-trial standards, and to
report on matters of concern (Legal System Monitoring Section, OSCE Mission to Kosovo);
• To assess whether the courts are prosecuting war-crimes cases impartially
with respect to the defendant’s national origin (Domestic War Crimes Programme, OSCE Mission to Croatia):
• To compile reliable information on practices of criminal justice with an aim to
support ongoing reforms and identify areas of concern to be addressed (Trial
Monitoring Project in Kazakhstan and Trial Monitoring Project in Kyrgyzstan, ODIHR and OSCE Centre in Almaty, and ODIHR and OSCE Centre in
Bishkek, respectively);
• To monitor and disseminate information on fair-trial standards and raise
awareness of such standards among international and national actors, paying
special attention to trafficking, domestic violence, and corruption cases (Trial
Monitoring Programme, OSCE Mission to Moldova).
In addition to assessing the functioning of the justice system or targeting other specific criminal justice issues, other aims may also be of equal importance. For example,
capacity-building may also be a priority. Where this is the case, programmes may seek
as a primary goal to employ and train national monitors, partner with domestic NGOs,
or facilitate the creation of a domestic monitoring group or network. Each of these
methods has been utilized by OSCE field operations to transfer knowledge and skills to
local individuals and to support the development of domestic trial-monitoring capacity. Programmes have also used trial-monitoring to increase awareness of the judiciary
and of the right to a public trial and other fair-trial standards, as well as to expand the
right to a public trial in practice.4
2.2 Evaluating in-country conditions and organizational capacities
As a first step in a preliminary assessment, both in-country conditions and the internal capacities and resources of the organization seeking to engage in monitoring
should be evaluated to help determine a programme’s aims and to identify the focus of
monitoring.
2.2.1 In-country conditions
Most importantly, a needs assessment should evaluate the current situation in-country
with regard to the functioning of the criminal justice system. This may include a review
of those criminal justice issues that have been previously identified as problematic,
including any issues related to compliance with fair-trial standards and other practices
4 An overview of the different OSCE programmes, including a description of their primary aims and purposes,
is provided in the Appendices.
28
Trial-Monitoring: A Reference Manual for Practitioners
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