• Oversight of operational issues, including case
identification, selection, and access issues; meeting
with court officials; and re-directing case selection
as necessary;
• Regular secondary reporting
(internal);
• Responsibility for ensuring regular field support
to monitors, including periodic training and
educational materials.
• Preparation and drafting of public
and other external reports.
In practice, the above division of responsibilities may not always be so rigid given the
interrelation between some functions. This is especially true with regard to the responsibility for overseeing operational issues and field support, which may be apportioned
differently depending on the local context. Some overlap of responsibilities may also be
desirable, as this provides a measure of protection against exigencies such as personnel changes. However, the sharing of responsibilities or other reapportionment should
never blur the basic division between programme management and legal reporting,
which is critical to ensuring adequate capacity for all facets of the programme.
4.2.1 Best practices for staffing a supervisory unit
• At a minimum, a full-time trial-monitoring programme should staff two distinct
posts responsible for supervisory functions: a programme co-ordinator (or head of
unit) and a legal analyst. The division of labour between programme management
and legal reporting responsibilities ensures the capacity to fulfil all programme
functions, and also facilitates a sharing of other responsibilities as needed. Programmes that staff one individual for all supervisory functions also run the risk of
a shutdown of activities if that individual departs. For longer-term programmes,
dual positions also support better continuity upon turnover of personnel.
•
For OSCE and/or ODIHR project programmes, the post of programme co-ordinator should best be filled by an OSCE staff member even if monitors and legal
analysts are engaged as contractors. Such standing provides a better basis for the
programme co-ordinator to discharge advocacy responsibilities related to the programme. These responsibilities may include conducting meetings with local officials, liaising with other organizations, securing the access required for monitoring, and representing the programme publicly when conveying official findings and
recommendations.
4.3 Staffing legal analysts
Legal analysts should be staffed in a manner to reflect external reporting requirements,
as well as the other specific responsibilities assigned to legal analysts. Most important
in this regard is the frequency with which programmes intend to release reports. By
way of example, the OSCE Legal System Monitoring Section (LSMS) in Kosovo has
consistently staffed the lowest ratio of monitors to legal-analyst staff. In turn, the LSMS
has engaged in the most regular and prolific reporting, producing 15 periodic public
48
Trial-Monitoring: A Reference Manual for Practitioners
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