C. Trial Monitoring Programme,
OSCE Mission to Bosnia and Herzegovina
128
Model
A staff programme of the OSCE Mission to Bosnia and Herzegovina
funded through the OSCE unified budget, while a separate section monitoring the cases transferred from the ICTY (Rule 11 bis Section) is funded
through extra-budgetary funds.
Inception
The Mission began monitoring war-crimes cases in 1996. A systemic,
full-time monitoring programme was established in 2004.
Objectives
• To monitor criminal cases and assess compliance with international
standards, including human rights and fair-trial standards, with
particular focus on the ECHR;
• To monitor the implementation of the criminal procedure code to
identify systemic issues relating to the effective and fair administration
of justice in criminal cases;
• To publicly report findings and make specific recommendations to
assist national authorities with their institutional responsibilities;
• To assess the application of international standards in war-crimes cases
transferred under Rule 11 bis of the ICTY Rules of Procedure and
support the process of transitional justice.
Reports
“Implementation of the New Criminal Procedural Code in the Courts
of Bosnia and Herzegovina” (2004); “War Crimes Trials, Progress and
Obstacles” (2005); “Plea Agreements in Bosnia and Herzegovina” (2006);
“The Presumption of Innocence Report” (2007); regular reports in cases
transferred from the ICTY sent to the ICTY Office of the Prosecutor and
shared with local actors.
Partners
None
Monitoring
Staff
Twenty-six national staff monitor criminal cases in 38 designated trial
and appellate courts throughout the county. Supervision is provided by 10
international and national legal advisers at the head office and in regional
centres. The Rule 11 bis Section consists of one international legal adviser,
two national monitors and one international monitor, and support staff.
Trial-Monitoring: A Reference Manual for Practitioners
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