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Trial Monitoring: A Reference Manual for Practitioners
and practices; bar associations; and NGOs that monitor proceedings or undertake other capacitybuilding and support activities. Systemic trial-monitoring programmes have generally turned to
such mechanisms outside the justice system as possible successors in continuing a monitoring programme’s oversight and review functions when it is closing. OSCE programmes have focused mainly on NGOs as likely successors. However, as outlined below, other options may also be available and
should be explored in order to avoid the perception of NGOs as the sole heirs to providing independent reviews of the justice sector. In fact, the benefits of involving several types of local actors in different follow-up activities should also be examined.
14.1.1 Handover to NGOs
In various contexts, OSCE trial-monitoring programmes have supported NGOs and invested in
building their capacity. In the case of Montenegro, the OSCE partnered with an NGO at the commencement of monitoring operations. The advantages and possible disadvantages of partnering
with NGOs were discussed in Chapter 3.1, “Institutional models”.
Selecting an NGO or a coalition of NGOs to which a programme can hand over will generally depend on the extent to which these organizations can commit to monitoring the justice system in
accordance with principles that characterize OSCE monitoring programmes. This would entail independence from governmental influence or undue donor influence and a commitment to the duties
of non-intervention, impartiality, professionalism and confidentiality, as set out in Chapter 8.1. Any
NGO selected should intend to develop its skills and to engage in this field for the long term. Where
such NGOs do not exist, another possible option for OSCE programmes to consider is to assist in
the creation of an NGO that could take over operations (possibly involving OSCE local programme
staff). This would have the extra advantage of building local capacity.
In considering whether to turn over trial-monitoring operations to an NGO, however, it is also important to assess whether the NGO will be independently sustainable, especially in terms of funding. Without sustainable resources, an NGO programme may collapse, even if the NGO has the
necessary substantive skills. Past experience shows that many NGOs involved in trial monitoring
relied on the OSCE for funding or fundraising on their behalf. When necessary, therefore, NGO
staff of a successor operation will need to be trained in such skills as project-writing and fundraising. Describing these skills is beyond the scope of this manual. Nonetheless, it might be important
for an OSCE field operation to assist NGOs in these fields through training by competent in-house
professionals or by engaging external experts. Furthermore, the OSCE programme can introduce
NGO representatives to its network and facilitate direct communication with donors.
Another handover matter that may be contentious is the degree to which monitoring material that
has not been published can be shared with NGOs taking up the programme. As a rule of thumb,
confidential information gathered during in camera hearings or sensitive information obtained
through interviews should not be shared outside the organization, as this could lead to code of conduct rules being breached, if not criminal responsibility. Hence, any memos or hearing reports that
contain sensitive or confidential information should be carefully screened prior to being shared. In
addition, monitoring programmes may consider concluding an agreement on the transfer of monitoring material to and its subsequent use by a successor NGO. If original documents cannot be
turned over according to OSCE regulations, then copies may be provided.
14.1.2 Supporting academic review and legal periodicals
The legal nature of monitoring reports often resembles the writings of legal scholars and academics found in law reviews and periodicals. Local legal professionals may have both theoretical background and practical experience. Their books and reviews of substantive law and procedure, as well
as of the application of human rights standards in domestic courts, are legal reference sources for
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