5.4.2 Best practices for securing access to court hearings • Monitors should arrive in advance of a hearing to gain sufficient time to locate and enter the courtroom (or judge’s chamber) so as to not unnecessarily complicate entry by late arrival. • Monitors must be prepared and able to clearly articulate the legal basis, purposes, and objectives of the programme to all court officials and legal actors. • If access is denied by court staff or officials, monitors must be prepared to show applicable programme documents and identification, as well as explain the legal right to monitor trials, as well as the purpose and objectives of the programme. • If access is still denied, the monitor should request a meeting with the judge to explain the legal basis, as well as the purpose and objectives of the programme. • If access is not granted by the judge, the monitor should inquire as to the specific legal basis or reason why the right to a public trial in the case does not exist. • Monitors should report and analyse the reasons for denial of access to the judicial hearing as required by the reporting methods of the programme. • Monitors should never demand or threaten court officials, but should remain professional at all times in exercising their responsibilities. 5.4.3 Securing access to documents Court case files often provide important information on proceedings that occurred prior to a monitored hearing, as well as provide another primary source of information on cases. For instance, case files may provide information on: the date and circumstances of arrest and detention hearings; the conduct of investigative hearings; the existence of witness statements; and other proceedings that occurred prior to the trial. While document collection and review is not necessitated by the scope and focus of every programme, it may be important for programmes seeking additional information related to the case or to develop certain issues that arise in the stages prior to monitoring of the public trial. For example, documents may provide additional information on whether the defendant’s rights may have been violated in pre-trial stages, including the right to a defence lawyer at the custody hearing, the right to be promptly brought before a judge, and other issues (for more on how access impacts issues that may be monitored, see Chapter 2.3.2, “Access and focus”). The ability to obtain documents will be strongly influenced by the mandate of the programme, as well as by domestic law and practice. For instance, the mandate for some programmes, such as the LSMS in the Mission in Kosovo, provides for “unhindered access” and therefore the right to review all documents. In many OSCE participating States, however, the court file, indictments, and court decisions are not public in the sense that they cannot be obtained by anyone except the parties involved Trial-Monitoring: A Reference Manual for Practitioners 63