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Contents
List of Acronyms
Foreword
Introduction
PART I GENERAL OVERVIEW AND OPERATIONAL ASPECTS OF
TRIAL MONITORING
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CHAPTER 1: Trial Monitoring: Purposes and Basic Principles
1.1 Trial monitoring – a multifaceted tool
1.2
1.3
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1.1.1 Trial monitoring and monitoring of the justice sector
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1.1.2 Limits of trial monitoring
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Basic methodological principles underlying OSCE trial-monitoring programmes 18
1.2.1 Principle of non-intervention in the judicial process
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1.2.2 Principle of objectivity
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1.2.3. Principle of agreement
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Description of the different trial-monitoring methodologies
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1.3.1 Description of trial-monitoring methodologies according to scope – types of monitoring
programmes
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1.3.2. Description of the working methodology – The “trial-monitoring cycle”
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PART II FIRST STEPS AND INITIAL CONSIDERATIONS IN ESTABLISHING
A TRIAL-MONITORING PROGRAMME
CHAPTER 2
Conducting a Preliminary Assessment
2.1 Evaluating in-country conditions, organizational capacities and access issues
2.1.1 In-country conditions
2.1.2 Organizational capacities
2.1.3 Access preliminary consideration
2.2
2.3
Main objectives and focus of trial-monitoring programmes
Drafting a programme paper
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CHAPTER 3: Choosing an Institutional Model
3.1 Staff model
3.2 Project model
3.4 Hybrid trial-monitoring model – partnership
3.5 General comparison of staff and project models
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CHAPTER 4:Access to Court Proceedings and Other Access Issues
4.1 Identifying the legal framework
4.2 Methods to increase overall programme access
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4.2.1 Memorandum of understanding
4.2.2 Contacts with court presidents, chief prosecutors and heads of bar associations
4.2.3 Contacts with individual judges, prosecutor, and defence counsel to introduce
the trial-monitoring programme/monitor
4.2.4 Identification and informational materials on the monitoring programme
4.3
4.4
4.5
4.6
Access to the courtroom and hearings in individual cases
Access to documents
Access to closed hearings
Access to investigation and pre-trial proceedings and materials
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