Democratization: Rule of Law
gyzstan’s criminal-justice system and will also
contribute to strengthening the role of defence
lawyers in criminal proceedings. The ODIHR is
also following other reforms ensuing from the
adoption of a new edition of the Kyrgyz Constitution, which, inter alia, also requires a serious
overhaul of the judiciary.
The ODIHR co-sponsored an advanced training programme on the International Covenant
on Civil and Political Rights for lawyers in Kyrgyzstan. Implemented by the Youth Human
Rights Group of Bishkek, the programme consisted of five training sessions that focused
on administration of justice and fundamental freedoms. Twenty-three lawyers completed
the programme in 2006, many of whom represent Kyrgyz victims of human rights violations
in their communications to the UN Human
Rights Committee.
II. Criminal-justice reform
A booklet about criminaljustice systems in the OSCE
area.
28
In many states of the former Soviet Union and
South-Eastern Europe, criminal-justice systems are being reformed in order to meet relevant international standards and OSCE commitments. All reform efforts in the area of
criminal justice should be comprehensive,
since all the individual parts of the system
must work together. Just as work in the area
of criminal justice takes place at different levels — the working level of lawyers, prosecutors,
judges, and law enforcement personnel, as well
as the political level of criminal policy — so
should reform assistance. This is the approach
the ODIHR takes. At the working level, training is provided to judges and lawyers to help
them improve their professional skills; opportunities to exchange experiences and skills are
also created through the organization of seminars and conferences. And at the political level,
the ODIHR provides advice and expertise to
facilitate policy decisions to further uphold and
strengthen the rule of law and human rights in
criminal justice.
Annual Report
War crimes
The issue of war crimes and dealing with the
past remains contentious in several participating States in South-Eastern Europe and continues to be reflected prominently in their political
agendas. Transitional justice matters in SouthEastern Europe remain predominantly issues
of war-crimes prosecutions and trials. In addition to being politically charged, most warcrimes trials are complicated by issues of crossborder co-operation, as witnesses, victims, and
alleged perpetrators often do not reside in the
same jurisdiction. In the past, the lack of effective cross-border co-operation between prosecutors and judges has hampered prosecutions,
ultimately resulting in impunity for those who
committed war crimes. In order to assist participating States to address this impunity gap, the
ODIHR participated in, and contributed to, the
Palic process, a series of OSCE-sponsored meetings for legal practitioners from Bosnia and
Herzegovina, Croatia, Montenegro, and Serbia
to discuss and improve inter-state co-operation
in war-crimes procedures. As a direct result of
this process, several chief state prosecutors from
the countries of South-Eastern Europe concluded agreements aimed at improving crossborder co-operation in war-crimes cases. Furthermore, some of the recommendations stemming from the Palic process resulted in amendments of domestic legislation in the criminaljustice sector.
Another issue of concern identified by the
ODIHR is the inadequate level of international
assistance provided to defence lawyers. All
too frequently, defence lawyers have not been
included in assistance programmes aimed at
supporting legal professionals involved in warcrimes proceedings: as attention has focused
on the investigation, prosecution, and trying of
war-crimes cases, international assistance has
focused on judges and prosecutors. Equality
of arms between the defence and the prosecution in courtroom practice is a fair-trial standard and requires the inclusion of the defence
in assistance initiatives.
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