reporting, as reports are loosely structured, thereby inviting analysis by the monitor on issues as they arise. As a result, monitors are required to issue-spot. This means that, as a monitor observes a relevant issue in a given case, the monitor describes the nature of the problem in detail. For instance, such reporting might include a recitation of relevant procedural history, a discussion of the application of domestic law, and conclusions regarding the application of fair-trial standards. In this way, the open system is conducive to in-depth treatment of specific issues or problems as they may arise. Conversely, under an open system, it is unlikely that a monitor will systematically report or provide analysis on issues or practices where no problems are identified or are observed. An example of an open reporting template, a tracking memo from the LSMS in the Mission in Kosovo, is provided below. To: Cc: From: Date: Re: Legal System Monitoring Section Tracking Memo Chief of LSMS LSMS Legal Analysts Case Name I. Case Information • Defendant(s), date of birth, ethnic group(s) • Court • Prosecutor • Defence counsel • Injured party (parties), date of birth, ethnic group(s), representative • Pre-trial judge • Confirmation judge • Trial or retrial panel • Charge(s) • Dates of detention and of release • Verdict II. Stages of the Proceedings Each time you mention a case in dailies, you have to systematically copy and paste it in this form in order to have all information related to the case in the same document. 1. Police custody 2. Detention 3. Investigation pre-indictment 4. Indictment Summary of indictment Date of the indictment 5. Confirmation hearing 6. Trial 7. Verdict Date of announcement of the verdict Date of the filing of the written verdict 8. Appeal/Supreme Court 9. Retrial 10. While serving sentence III. Concerns/remarks (For use if the information does not fit into any of the above-mentioned stages.) Trial-Monitoring: A Reference Manual for Practitioners 71

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