Chapter 8 — Conduct and Capacity-Building of Trial-Monitoring Staff
conflicting or unclear jurisprudence and where other standards need to be invoked to strengthen an argument.
• Monitoring methodology and responsibilities. Training should clarify monitoring methodology,
including case identification and selection, access and monitoring methodology, code of conduct
issues, reporting requirements and instructions. Trainers should anticipate problems that may
arise and provide examples.
• Monitoring and other information gathering skills. Training should build the skills needed to
monitor, including observation, reviewing documents, meeting with officials and other actors
and reporting. Mock courtroom proceedings and mock interviews with officials, defendants and
vulnerable persons are excellent ways of building observation and interviewing skills. Exercises
that require monitors to report after such mock trials can promote familiarity with reporting
forms. Where relevant to the programme’s focus, case-file materials may be prepared to provide
a case history and to illustrate how such materials will be used to supplement the monitoring of
hearings on specific issues. Skills training should be active, involve staff directly in activities, and
permit follow-up discussion.
• Advocacy skills. Training should clarify advocacy possibilities and any limitations, as well as
develop the capacity of each level of staff to meet the necessary requirements. Particularly for
management-level staff, it can elaborate on legal writing skills, in accordance with the reporting
requirements, and on skills to enhance communication with officials, to negotiate and persuade
stakeholders, and to write press releases and address the media.
8.4.2 Using external trainers and experts
The programme co-ordinator or head, with the support of the legal analysts, should determine the
content of all training sessions and tailor them to the needs of the programme. Internal training –
that is, training developed by the programme’s staff – may prove more cost effective and easier to
organize than that involving external trainers. Nevertheless, programmes will sometimes have to
rely on external trainers for instruction in such areas as substantive law, methodology and monitoring skills.
International experts may be particularly useful for training on international fair trial standards
and monitoring skills, such as observing hearings in court, legal writing or negotiation skills. As
programmes develop, external trainers should be sought to strengthen weak or unexplored areas of
the programme. Programme focal points should work closely with trainers on defining the methodology and agenda for training. OSCE Institutions, including ODIHR and partners, may also provide
valuable support and expertise in organizing training.
Local experts, including judges, prosecutors, law professors and lawyers, may also make excellent
trainers or speakers, as they possess significant expertise on domestic law and practice. Using such
trainers is also an opportunity to build connections with the local legal community, as well as to reinforce local ownership of and buy-in to the programme. For instance, when the legal system monitoring programme in Kosovo101 expanded its activities to follow civil cases, local judges and lawyers
were engaged to provide training on the laws and problems encountered in the civil justice sector.
8.4.3 External educational opportunities
International and domestic organizations engaged in justice reform in a host country may conduct conferences, seminars or training sessions on issues related to monitoring-programme activities. Programme managers should take advantage of the opportunity to include monitors and other
staff in these activities. Not only can such events provide continuing education to staff, but conferences and other forums may provide opportunities to share monitoring results more widely and
101 There is no consensus among OSCE participating States on the status of Kosovo and, as such, the Organization does not have
a position on this issue. All references to Kosovo institutions/leaders refer to the Provisional Institutions of Self Government.
71
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents