charge(s); a brief summary of allegations; and other basic case or hearing information
deemed relevant to monitoring, such as dates, motions, orders, and verdicts. As with
other components of a report, programmes should limit case information to what is
actually required based on the focus of the programme so as to not unduly complicate
reports.
The provision of basic case information serves two main purposes. First, it serves to
independently and publicly document the particulars of a case for purposes of identification. Second, within the context of a reporting system, it introduces the reader to the
substance and particulars of the case as a starting point for analysis.
Since case information does not require analysis, but is objective data, the most
direct method of getting case information is usually to obtain it from the court file. Programmes without access to case files may have more difficulty obtaining complete case
information where such information is not revealed in the course of court proceedings. Even without complete case information, however, conclusive findings and legal
analysis may still be made regarding the application of domestic procedures and rules,
international fair-trial standards, and other issues monitored throughout the proceedings. This is especially true for programmes aiming to make systemic findings based on
monitoring a high number of representative cases.
Fact reporting
Fact reporting relates to the provision of information or evidence regarding the circumstances of the alleged crime, specifically evidence that either provides support for
the allegations of the prosecution or support for the defence case. Such reporting may
involve or contain:
• Recitations or summaries of witness statements;
• In-court testimony;
• The content of documents, e.g., police reports or the specific allegations in a
complaint; or
• Other evidence presented in the case either in favour of the prosecution or
defence, or related to the underlying crimes, allegations, or defence.
The importance and emphasis on fact reporting will differ significantly depending on
the purpose and focus of the monitoring programme. Since reporting on evidence,
including testimony, is extremely time-consuming, programmes must carefully consider whether to emphasize or even to include such reporting. Chapter 6.4.2 below
addresses factual reporting in more detail with a view to simplifying the reporting of
facts.
Legal analysis and findings
Legal analysis and findings are the centre of most case reports, as these constitute the
conclusions of monitors on the specific issues defined for monitoring. In discussing
legal analysis and findings, it is important to recognize that analysis and findings not
only differ between programmes on subject matter or issues, but also in the manner
that such findings and conclusions are reported.
Trial-Monitoring: A Reference Manual for Practitioners
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