•
When engaging with actors or participants for the first time who are not familiar with the monitor’s role, monitors must explain their role as an observer of
the process, as well as the principle of non-intervention by which monitoring
is conducted.
7.1.2 The duty of professionalism
Given the professional nature of the judiciary and the importance of the judicial process, monitors must always be held to a high standard of professionalism in carrying
out their responsibilities. As the public face of the programme, the conduct of monitors
directly reflects on the extent to which the programme takes its responsibilities seriously. Internally, monitors should also be held to a high standard regarding their knowledge of the local legal system and applicable domestic and international law.
A code of conduct should be provided in relation to appropriate conduct in court. In
the OSCE, codes of conduct have provided the following best practices with respect to
monitors’ professional obligations:
• Monitors shall always arrive promptly at court;
• Monitors shall wear appropriate clothing;
• Monitors shall behave in a dignified manner;
• Monitors shall treat all court officials and actors with dignity and respect;
• Monitors shall be diligent and prepared for court. This means monitors must
provide full attention to the proceedings and take comprehensive notes even
where the hearing appears to be recorded;
• Monitors shall be familiar with all programme guidelines and procedures, and
take their continuing-education responsibilities seriously.
7.1.3 The duty of confidentiality
Confidentiality is an operational value that protects the integrity of a monitoring programme by providing basic controls on the release of information by monitors. While
the obligation to monitor confidentiality may at first appear to conflict with the right
to a public trial and the interest in public debate regarding the fairness and findings of
public trials, it serves two critical purposes in the context of a monitoring programme.
First, the duty of monitor confidentiality protects the release of confidential information obtained by virtue of a programme’s access to non-public information. The policy
of the LSMS, OSCE Mission to Kosovo, set forth in an internal programme paper, captures this aspect of confidentiality:
LSMS has a very strong obligation of confidentiality. LSMS has access to
confidential and sensitive information. LSMS’s respect of a very high level
of confidentiality is a necessary condition for LSMS access to court files and
proceedings.
However, even when safeguarding non-public information is not an issue, the duty of
confidentiality also serves strategic and operational interests of programmes. These
operational interests include ensuring accuracy and consistency in presenting the
findings of a programme by eliminating the ad hoc release of information prior to
Trial-Monitoring: A Reference Manual for Practitioners
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