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Trial Monitoring: A Reference Manual for Practitioners
on a required issue or use a different legal framework in place of the applicable one indicated by
supervisors.
ÀÀ Standardization
Case reports should have a standard format that ensures that monitors do not omit any significant
issue. This standard format also allows for sorting pre-designated types of information from different cases, thus maximizing the ability of legal analysts to make comparisons and to compile reports
on specific issues. Aggregating information on specific issues contained in case reports enables analysts to draw more meaningful conclusions about systems or practices. This is especially important
for programmes that seek to provide systematic findings based on a large number of monitored cases. The following subchapters provide examples of different standardized reporting formats used in
OSCE trial-monitoring programmes.
11.2 Basic components of a case report
A case-reporting template for monitors should include three main components: case information,
fact reporting, and legal analysis and findings.
ÀÀ Case information
Case information is a fundamental component of every trial-monitoring case report.140 This information is generally included at the beginning of an internal report, to identify the particulars of the
proceeding. As with other components of a report, programmes should limit case information to
what is actually required, based on the focus of the programme, so as to avoid complicating reports
unduly. Basic case information, such as the criminal charge, the custody order and the basic legal
provision applicable to the given case, introduces the reader to the substance and particulars of the
case as a starting point for analysis. Case information is objective data, usually obtained from the
court file. Programmes without access to case files may obtain case information in the course of
court proceedings or through interviews.
ÀÀ Fact reporting
Fact reporting relates to the provision of information regarding the procedural actions taken in
monitored proceedings and the evidence presented regarding the circumstances of the alleged
crime. Specifically, this is evidence that either provides support for the prosecution’s allegations
prosecution or for the defence’s case. Such reporting may involve or cover:
• public reading of the indictment;
• the explanation to the defendant of her/his rights;
• motions presented by the parties, closing speeches and requests for appeal;
• recitations or summaries of witness statements;
• in-court testimony;
• the content of documents, e.g., police reports or specific allegations in a complaint;
• other evidence presented in the case in favour of either the prosecution or defence, or related to
the underlying crimes, allegations or defence; and
• rulings by the judge.
140 Most commonly, the basic information on criminal cases includes: the name of the court; case-file number; names of the accused; names of legal actors, including the judge, prosecutor, and defence lawyer; name of the victim; other particulars of these
actors, such as nationality, ethnicity or religion if they are recorded and play a role in sensitive cases; relevant dates, including
the date of arrest, custody, indictment and type of hearing monitored; criminal charge(s) and the corresponding legal provisions;
brief summary of allegations; and other basic case or hearing information relevant to monitoring, such as dates and a description
of the different motions, orders and verdicts.
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