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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