programme is part of a longer-term approach to criminal justice reform involving periodic reporting, or is a more limited response to a specific incident or invitation. The issue of duration is also related to the extent to which the programme aims to engage in the capacity-building of local lawyers or organizations to perform trial-monitoring, as such programmes may require longer time frames. 2.3.2 Access and focus Access to courts and to trials is also an issue that must be considered in formulating a programme’s aims and its focus. A limited ability to access trials may greatly hinder the ability of programmes to identify cases related to the focus of monitoring. Similarly, barriers to access may prevent monitors from attending hearings or observing cases in their entirety to assess issues sought to be monitored. As a result, some assessment of access issues is required during a preliminary assessment. Assessing access requires an analysis of the domestic legal framework for provisions governing public access to judicial proceedings, as well as assessing those practical barriers that may impede monitoring. Such barriers may include informal practices that prohibit the public from accessing courtrooms or relate to ineffective case tracking or scheduling systems that prevent regular case identification. Where access is an issue, programmes may have to readjust their focus and efforts to expanding the right to a public trial before seeking to monitor other fair-trial standards and related domestic law that require greater access to observe (also see Chapter 5, “Access”). To help programmes plan what may be realistically monitored during an assessment, Chart 1 below aims to assist in anticipating the types of legal issues and practices that may be monitored based upon different access levels. Consistent with the focus of this manual on public trials and those aspects of the criminal process involving the judiciary, most OSCE programmes in the past confined their focus to issues that could be monitored at either the first or second level of access. Conversely, the monitoring of investigative, policing, and/or detention facilities is outside the scope of this manual and of the operations of most OSCE programmes due to access limitations, logistical issues, and other concerns associated with such monitoring. Chart 1 Common issues that are monitored and related access needs6 I. Issues that may be monitored through observation of a case at trial stage • Right to a public hearing; • Right to a competent, independent, and impartial court; • Right to be present at trial; right to defend oneself; • Right to legal counsel at trial (including instruction on this right, right to free legal assistance in certain circumstances, and effectiveness of defence counsel); 6  Chart 1 is not meant to be an exhaustive list of issues related to the subject matter of monitoring, but is representative of fair-trial protections and other issues that have been monitored by past OSCE programmes. While not mandatory, access to court documents will usually expand the ability to monitor issues arising in proceedings at all access levels. Trial-Monitoring: A Reference Manual for Practitioners 31