Democratization
Rule of Law
The centuries-old idea of the rule of law is based
on the understanding that laws should restrain
the state and its actors, as well as protect people from abuse of power by individuals or by
the state. Accordingly, the government itself
should comply with the law and ensure that all
its agents do so. This is especially important in
spheres where the state is authorized to exercise coercive measures against individuals,
such as in the area of criminal justice.
The ODIHR supports participating States in
their efforts to comply with commitments on
the rule of law, focusing in particular on criminal-justice reform and the implementation of
fair-trial standards in courtroom practices.
It does this through initiatives in the areas of
capacity- and institution-building and legislative reform, as well as through the provision of
policy advice to decision makers and enhancing dialogue with and between civil society and
state actors. The ODIHR also works directly
with legal policy makers by supplying governments and non-governmental partners with
decision- and policy-making tools with respect
to reform, e.g., the public website www.legislationline.org. Capacity-building activities target judges, prosecutors, and defence lawyers to
ensure that they respect human rights and the
rule of law in their work.
Main Issues
cannot afford it. Citizens of participating States
must enjoy equality under the law and equal
protection of the law regardless of their social
status, wealth, or power. Insufficient political
will to ensure this leads to unequal application of the law, when the rich and powerful are
able to procure a favourable outcome from the
legal system, while the poor are often left without redress. Moreover, corruption contributes
to greater inequality before the law and erodes
legal institutions and respect for the law.
k Reform of criminal-justice systems: The ODIHR
pays particular attention to criminal-justice
systems and reform of their key components. A
professional and effective criminal-justice system is essential for combating crime, ensuring public safety, and upholding the rule of law.
Poorly functioning criminal-justice systems
undermine public trust in the administration
of justice and erode the very foundations of the
legal order. Criminal procedures in many participating States do not contain adequate safeguards for the protection of human rights, and
existing safeguards are not vigorously enforced.
Of particular concern are insufficient numbers of criminal defence lawyers and poor professional training, which, in some countries,
undermine the ability of defendants to get a fair
trial. In many countries, there is a lack of institutional and procedural checks on the activities
of the police, investigative authorities, and the
prosecution, thus leaving room for abuse.
k Access to justice: Legal and constitutional
reforms alone are not enough without effective
means to protect the rights set forth in legislative frameworks. Despite progress in recent
years, the courtroom reality in some countries
still points to a situation where laws are in force
but are not enforced. Access to justice is at the
core of rule of law in our countries. This implies
ensuring access to legal assistance to those who
24
Annual Report
Activities
The ODIHR continued its long-term programme activities in 2006 in two main areas:
k Fair trials; and
k Criminal-justice reform.
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