Chapter 9 — Information Gathering and Verification in Systemic Trial Monitoring 9.2 Trial observation in courtrooms Once in the courtroom, there are a number of good practices that monitors should follow, as well as practices they should avoid. To start with, monitors need to sit where they can hear the proceedings clearly and have clear sight of the bench and the parties involved. In keeping with the principle of neutrality, a monitor should not sit with any of the parties or among groups supporting the victims or the defendant. 108 If for any reason this is unavoidable, monitors should try to rotate their seating in the public area at intervals in the course of the same hearing, to avoid being associated with any party. Certain programmes instruct monitors to mix in with the public so that they cannot be visibly identified as monitors. Other programmes prefer that the presence of the monitor be easily identifiable. If whisper-translation will be provided by an assistant, monitors should consider alerting justice officials in advance, to avoid any misperceptions. Monitors are required to follow hearings through to their adjournment, even if no problems are immediately identified, as an early departure will deprive the monitor of an informed opinion about the whole hearing and might be viewed as a sign of contempt for the court or might disrupt proceedings. Monitoring instructions usually require monitors to take extensive notes of the proceedings. Taking notes, oftentimes almost verbatim, gives monitors an independent record of what is being stated and avoids the need to rely on court records, which may be difficult to obtain or inaccurate, in preparing their reports. Taking extensive notes also focuses the monitor’s attention. Some programmes, however, are at ease with monitors recording only brief summaries of what is being stated and advise them, instead, to focus on observing other elements of proceedings, such as the demeanour of the actors. This approach may be particularly appropriate where court records are accurate and can be obtained easily. In general, monitors should always endeavour to obtain the court record of a hearing, as it can facilitate cross-checking the accuracy of personal notes or spotting any significant inaccuracies in the official record. If audio recording is allowed in the courtroom, programme managers may consider using equipment that allows for digital search or transcription. If the proceedings are audio recorded by the court itself, arrangements should be sought to obtain copies on a regular basis. Managers should provide clear guidance to monitors on what to pay attention to during proceedings. This is a complex matter, considering the enormous scope of potential problems a systemic programme needs to take into account. Some programmes use questionnaires, which monitors fill in for each hearing they attend.109 However, most programmes use questionnaires only as a starting point to assist monitors, while instructing them also to pay attention to any and all details of proceedings that could indicate breaches of human rights. Good training on international standards and domestic law,110 together with appropriate reference materials, such as manuals,111 should enable monitors to reach well-reasoned conclusions on whether breaches have occurred. It is good practice for monitors to observe the conduct of all judicial actors and parties, including defendants, victims, witnesses, the court’s administrative staff, interpreters and so forth. This entails listening to their submissions, but also noting their tone of voice, body gestures, general 108  This can become a practical issue if monitors take notes on a laptop and courtroom plugs are available only in proximity to the prosecution or defence benches. In such cases, staff should prepare in advance by carrying extra batteries or a long cable that will permit them to sit in the public area. 109  See Chapter 11.3 and the sample questionnaire in Annex II.C. 110  See Chapter 8.4, “Training sessions”. 111  See Chapter 8.3.2, “Creating a legal reference manual as a field support tool”. 77