Domestic observer organizations will generally rely exclusively on the right to a public trial under international law and applicable domestic law. Therefore, in states where
this right is not respected, domestic observer groups will have particular difficulty
securing access to case information to conduct trial-monitoring in a comprehensive
manner. Even where restrictions exist, however, domestic observer groups may still
have a significant impact on transparency by effectuating the right to a public trial and
raising awareness of international fair-trial standards.
Overall, domestic organizations or coalitions represent the greatest level of local
ownership in the process of trial-monitoring in support of judicial reform. Where interest in monitoring exists, such a model also allows for a level of local participation and
capacity-building. Like the basic models above, domestic observer groups may employ
monitoring staff or engage monitors on a contract basis. Also, while a wide coalition of
NGOs has advantages in that such a coalition may provide a wider geographic presence
and coverage, decision-making also becomes more complicated with more participating organizations. As a result, initial experience with the facilitation of such groups
indicates that organizing the operation as a single NGO may be preferable to a broad
coalition of NGOs. In addition, even when domestic groups or coalitions are able to
Coalition All for Fair Trials, a domestic observer group
of the former Yugoslav Republic of Macedonia
In 2002, the Rule of Law Unit within the OSCE Spillover Monitor Mission to Skopje began
to facilitate the creation of what would later become a formal coalition of 20 NGOs, called
All for Fair Trials. On 23 May 2003, the coalition formed pursuant to domestic law, with a
general assembly, executive board, and a network of 80 observers throughout the country.
Upon its inception, among the primary goals of the coalition was to raise public awareness
of international fair-trial standards and increase public trust in the legal system. It also
specifically sought to identify inherited problems in the judiciary to point out the need for
legal and institutional reform.
With the publication of its report, “Countrywide Observation of the Implementation
of Fair Trial Standards in the Domestic Courts and Assessment of the Functioning of the
Judiciary” in 2004, the coalition not only took steps forward to achieve these goals, but
also provided domestic officials with a constructive and accurate picture of the state of
the justice system in key areas relating to the right to a fair trial. Since the publication of
its initial report, the coalition has been commissioned to undertake several monitoring
projects for the OSCE Spillover Monitor Mission and other international organizations
such as the Swedish Helsinki Committee for Human Rights and Soros Foundation. These
trial-monitoring activities have included projects and public reports focused on discrete
aspects of criminal justice related to the prosecution of trafficking, election-related crime,
and organized-crime cases.
Now that its trial-monitoring methodology is fully developed and a permanent supervisory staff is in place, the coalition is working with the OSCE Spillover Monitor Mission
to Skopje to strengthen its fund-raising capacity. This includes developing the capacity to
independently engage in project development with donors without the need for financial
support from the OSCE.
42
Trial-Monitoring: A Reference Manual for Practitioners
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