146
CHAPTER 18
First Steps and Initial Considerations in
Establishing an Ad Hoc Trial-Monitoring
Programme
The steps outlined in Chapter 2, “Conducting a Preliminary Assessment”, provide general guidance
applicable in setting up an ad hoc project. However, because ad hoc projects are usually established
in different circumstances and for different purposes than systemic or thematic monitoring, this
chapter provides additional methodological guidelines for organizations and project managers to
consider when establishing an ad hoc monitoring programme.
18.1 Identifying situations for ad hoc monitoring
Organizations with a security and human rights mandate such as the OSCE are guided by a number of considerations when they identify situations that merit ad hoc trial monitoring. These may
include international concern about the events that triggered the criminal proceedings, insufficient
confidence in justice administration in the country, the appearance that prosecutions of prominent
opposition figures or human rights defenders might be based on political considerations, and similar concerns. In assessing these factors, an overall review of the in-country conditions, as described
in Chapter 2.2.1, will be beneficial, even if its scope and depth will be affected by time constraints. A
decision to conduct trial monitoring may also be taken on the basis of prior assessment or monitoring of the situation – such as an election observation mission or a human rights assessment mission.
18.2 Reviewing operational capacity
Once it has been decided that identified proceedings should and can be monitored, the organization’s capacity for carrying out the operation should be examined. In this regard, suggestions
outlined above in Chapters 2.2.2 through 2.3 should be taken into account. Review of operational capacity should match available resources with the anticipated needs of the monitoring activity,
propose a plan to allocate resources efficiently and/or seek additional resources. In ODIHR’s experience, this has included discussions with OSCE field operations, where applicable, on co-operation
and pooling of resources. An assessment of staffing needs at an early stage will facilitate timely recruitment, especially of the necessary external staff.223 A preliminary budget for the activity should
assess its financial implications in the short, medium and long term if the monitoring may potentially continue for some time.
Even when there are time constraints, the organization should prepare at least a brief programme
paper setting out the purpose, methodology and anticipated time-frame for the programme. 224 This
is important to ensure that the overall concept for monitoring is well thought through and that all
actors have a common understanding of the basis of the programme. A programme paper, as in
systemic monitoring, may also be useful in building support for the programme and for conduct223 See, Chapter 19.2 “Staffing issues”.
224 See, Chapter 2.3 “Drafting a programme paper”.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents