monitoring under their specific mandates, which provide a legal basis for human rights
monitoring, supporting judicial reform, and/or confidence-building activities. In some
contexts, such as Bosnia and Herzegovina and Kosovo, this mandate has additionally
been incorporated into the post-conflict domestic legal and governance structure. In
addition, the staff model has also been utilized in Croatia, the former Yugoslav Republic
of Macedonia, Serbia, and Albania. As a result of the legal status and history of these
field operations, monitors are viewed as staff of an international organization pursuing a mandate. Likewise, in issuing reports, making recommendations, and engaging
in advocacy, programmes are supported by the mandate and particular political role of
the field operation in the host state.
Within the OSCE programme, supervision is usually provided by international staff
with monitoring teams comprised of international staff, local staff, or a combination
of both. In all OSCE staff models, case reporting is performed in English and final
reports are prepared in English and then translated into the local language(s). In addition, training and other field support are usually provided by the field operation out of
annual departmental core budgets.
The OSCE Mission to Bosnia and Herzegovina:
supporting systemic criminal justice reform efforts
As part of its transformation from a post-conflict society, Bosnia and Herzegovina made
major reforms to its criminal justice institutions in 2003. Foremost among the changes was
the adoption of a new criminal procedure code that introduced adversarial features into a
system previously based on a civil law model. The changes posed a major challenge to the
judiciary and criminal justice system.
In 2004, the OSCE Mission established a trial-monitoring programme aimed at supporting these reform efforts. The programme involved the training of 24 national OSCE
staff members to monitor the implementation of the new procedural code. The monitors
are members of the Mission’s Human Rights Department and are stationed in the Mission’s field offices to provide regular systemic court coverage of 36 trial and appellate courts
throughout the country. Since its inception, the team has monitored thousands of criminal
cases under programme guidelines that provide common case selection criteria, monitoring methods, and case reporting standards.
Through 2007, the programme has published four major reports on the functioning
of the criminal justice system. The programme’s initial public report provided objective
findings on the implementation of the new criminal procedures in support of the reform
efforts. A second report focused on issues related to the trial of war crimes, while a third
thematic report focused on the new institution of plea-bargaining. A fourth report focused
on issues related to ensuring respect for the presumption of innocence in plea hearings and
trials. The findings of these reports have provided judges and other legal actors with information on how the justice system is actually functioning, informed the substance of the
criminal law curricula in judicial and prosecutorial training centres, and served as a catalyst for amendments to the criminal procedure code. By maintaining its focus on the justice sector’s challenges, this large staff programme continues to support state authorities,
judicial officials, and legal professionals who seek guidance on improving the effectiveness
and fairness of the criminal justice system consistent with international fair-trial standards.
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Trial-Monitoring: A Reference Manual for Practitioners
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