THE WESTERN BALKANS TRIAL MONITORING REPORT FACTSHEET
From Paper to Practice Evaluating the Effectiveness of Judicial Responses to Serious Organised Crime and Corruption Review Period July 2021 - March 2024
REGIONAL OBSERVATIONS Trial monitoring results on serious organised crime and corruption (OCC) cases
HOW FOCUS The Project's Methodology, fairness developed and adapted by the OSCE ODIHR based on its Trial Monitoring Manual & drawing on the extensive efficiency experience of OSCE field operations in monitoring OCC cases, encompasses trial monitoring from capacities/performance the confirmation of indictment to the final and binding verdict. strategic use of judicial tools no. of hearings monitored no. of indictments reviewed
ALBANIA no. of verdicts reviewed average no. media clippings reviewed 2000
BOSNIA AND HERZEGOVINA 1500
KOSOVO* 1000
KOSOVO* 500 MONTENEGRO MONTENEGRO
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CROSS-CUTTING REPORT FINDINGS
The Project’s trial monitoring identified symptoms of systemic challenges at the institutional, legislative and policy level. However, initiatives are already underway to address many aspects of the issues identified in this Report. These include strategies, action plans, guidelines and targeted capacity building. These are substantial investments that, with sustained efforts, can lead to substantial progress. The main areas identified for further improvement at the institutional level, to varying degrees across the region, relate to:
OWNERSHIP OF REFORM PROCESSES
coordination of implementation of new guidelines, policy proposals and capacity-building efforts
oversight mechanisms for reform processes
interinstitutional communication and collaboration
ACCOUNTABILITY & PERFORMANCE MANAGEMENT type of performance assessment criteria (balance between quantitative and qualitative)
incentives to implement standards that exist in policies and guidelines
structure and use of statistical data for evidence-informed decision making
RESOURCES ALLOCATION material and human resources specialized experts for financial investigations
length of vacancies for judicial and prosecutorial appointments
WAY FORWARD TRACK RECORD IMPACT BUY-IN Create preconditions for Aim for changes that Address resistance to an effective track record make an immediate change, accounting for in combatting OCC. difference. operational practices and working cultures. EMBRACE DATA COLLECTION & ANALYSIS to address all structural and systemic issues with evidence-informed policies.
STREAMLINE AND CONSOLIDATE all guidelines, capacity building initiatives and strategies/action plans related to effective and efficient processing of OCC cases.
INCREASE ACCOUNTABILITY & OWNERSHIP for the implementation of strategies, action plans and policies relating to OCC cases, by mandating the monitoring and evaluation of progress and the undertaking of corrective actions as well as comprehensive reporting.
CREATE INCENTIVE STRUCTURES for the implementation of all tools available, from policies to subject- specific guidelines, related to the effective and efficient processing of OCC cases.
This publication was produced with the financial support of the For more on the Regional Trial Monitoring project go to European Union. Its contents are the sole responsibility of the www.osce.org/WesternBalkansTrialMonitoring or OSCE and do not necessarily reflect the views of the European follow us in SoMe #RegTrialMonitoring Union.