70
Trial Monitoring: A Reference Manual for Practitioners
of creating the manual should be one of the first activities undertaken in organizing the programme.
Manuals should be reviewed and updated as needed.
Example: Amended version of the Manual of the Trial Monitoring Programme,
OSCE Mission to Bosnia and Herzegovina
The OSCE Mission to Bosnia and Herzegovina Trial Monitoring Manual (amended version) was adopted in
September 2006. Its 85 pages outline the policy framework within which the programme operates, its principles and the roles of the justice actors. It also sets out monitoring techniques and good practices, and
introduces the new reporting template of the electronic database. Its main novelty was the explanation of
more than a dozen international human rights standards applicable in criminal proceedings, on the basis of
authoritative international documents (ECHR, ICCPR, soft-law), case law of international courts and bodies,
and analyses by scholars and international organizations. It includes the main problems faced in practice,
sets out domestic provisions for each standard, and provides reference questions to assist monitors in identifying breaches of legislation and/or standards. The manual also outlined special considerations pertaining
to war crimes, trafficking in human beings and witness-protection matters.
8.3.3 A manual as an educational resource for building domestic capacity
In addition to providing a useful resource for a programme, a legal reference manual may be shared
with other local institutions, allowing it to serve as an educational tool for the local legal community. This may be beneficial in settings where legal resources and educational materials are in short
supply. In this way, a manual may help build awareness of fair trial standards and other legal issues
among interested legal professionals and civil society groups that would not otherwise have access
to such information.
Example: Trial-monitoring Manual of the Trial-monitoring Programme,
OSCE Mission to Moldova
The Moldovan trial-monitoring manual, adopted in 2006, provides an comprehensive overview of international fair trial standards, including specific focus on ECtHR decisions involving Moldova and relevant domestic case law and criminal procedures. In addition, the substantive provisions of the criminal code were
presented for the priority cases monitored by the programme, as well as other background information relevant to the right to a public trial and monitoring generally. The manual was intended not only as a reference
for monitors in the day-to-day observation and analysis of fair trial standards but also as an educational resource for the local legal community.
8.4 Training sessions
In general, comprehensive training should be provided at the inception of a programme to ensure
that staff acquire the necessary knowledge of domestic legal issues, observation and reporting methodology, and advocacy. Thereafter, training should be provided on a regular basis, especially for
newcomers or each time the programme changes the substance and methodology of monitoring.
The following subchapters provide guidance in organizing trial-monitoring training, based upon
the experience of OSCE programmes.
8.4.1 Scope of training
Initial training sessions should, at a minimum, address the following areas:
• Substantive legal knowledge. Training should focus on the specific substantive legal standards,
laws and issues that will be observed and assessed in monitoring. International standards should
not be discussed in the abstract. Instead, they should be raised and related to local laws, procedures and practices to provide grounding in the local context and ensure appropriate application and analysis. Trainers and trainees should be encouraged to discuss non-obvious breaches
of standards, as well as other “grey zones”, namely problematic subjects for which there is
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents