Democratization: Rule of Law
Law professor Daniyar Kanafin
speaks at the ODIHR Summer
School on Criminal Justice,
IOSIF BUDNEVICH
Almaty, 7 August.
and training programmes to build the capacity
of legal professionals, with a special emphasis
on strengthening the role of defence lawyers in
the administration of justice. Defence lawyers,
who play a crucial role in ensuring protection
of the right to a fair trial, have not traditionally
been the focus of the international community’s assistance programmes. Insufficient numbers of criminal defence lawyers and their poor
professional training in some countries undermine the ability of defendants to get a fair trial.
In 2006, the ODIHR supported the Continuing Training Centre at the Almaty City Collegium of Advocates, the largest regional defence
bar in Kazakhstan with over 600 members.
The ODIHR funded a series of advanced seminars in July and August that were conducted
by national trainers and addressed practical
aspects of criminal, administrative, and civil
law, and also taught the special skills needed
in the courtroom for lawyers to represent their
clients and defend their rights effectively.
In the South Caucasus, the ODIHR continued to support the reform of the bar and raised
awareness among decision makers and legal
professionals of the need for increasing the
number of defence lawyers to ensure the functioning of the judicial system, as a shortage of
defence lawyers is one impediment to effective access to justice. In recent years, the laws
on advocates and the organizational structure
of the advocate chambers have been amended
in all the countries of the region, with varying
results. Although the situation has improved in
some aspects, these countries still have a shortage of criminal defence lawyers.
The ODIHR continued to render expert
advice in relation to legislative reforms aimed at
creating a unified bar (advokatura) in Kyrgyzstan. Under a poorly conceived reform in the
1990s, all unified structures for defence lawyers
in Kyrgyzstan were abolished, triggering a rapid
decrease in the quality of services provided.
Following up on two expert assessments of the
draft law in 2005, the ODIHR, upon the request
of the authorities, produced an updated comment in 2006 on the draft law on the reform
of the advokatura and took part in a series of
consultations related to this law. The Office is
currently assisting with the facilitation of discussions on organizational modalities related
to the establishment of the unified bar in Kyrgyzstan. This assistance includes expert advice
based on best practices from other OSCE participating States. The reunification of the bar
will be a significant step in improving Kyr-
Annual Report
27
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