Democratization: Rule of Law
To address these issues, the ODIHR organized a regional two-day seminar for some fifty
experienced defence lawyers from Bosnia and
Herzegovina, Croatia, and Serbia on defending
in war-crimes cases. In addition to providing
a forum for discussing access to evidence and
equality of arms, the seminar also helped build
a regional network of lawyers that will allow for
sharing of expertise in this area.
Reforms can have long-term effects on the functioning of the criminal-justice sector and can
have serious implications with respect to the
implementation of fair-trial principles. Thus,
such reforms merit a comprehensive public debate before they are introduced and an
informed discussion about the course of implementation of the respective laws when they
come into force. Under the heading of “reform
through debate”, the ODIHR held a second weeklong summer school on criminal-justice reform
for Central Asia in Almaty in August. Experts,
prominent scholars, and practitioners from Germany, Kazakhstan, Kyrgyzstan, Russia, Ukraine,
and the United States provided information on
their criminal-justice systems, presented comparative studies, and shared their experiences
of reforming criminal procedure and legal institutions across the OSCE area. The school concluded with a roundtable called “Criminal Justice in Central Asia: Current Trends and Prospects for Further Development”. At the roundtable, senior policy makers and legal experts
from Kazakhstan joined the participants to discuss issues relevant to criminal-justice reform in
Central Asia, including reform of prosecutorial
agencies, plea bargaining, evidentiary rules, and
mediation of criminal cases.
Prevention of torture
According to the results of a variety of OSCEsponsored monitoring initiatives and reports
from other governmental and non-governmental institutions, torture and ill-treatment continue to undermine the effective implementation of the rule of law in many countries. Insuf-
OSCE
Promoting debate on criminal-justice reform
ficient political will to root out torture and illtreatment is apparent in some states, where
law enforcement agencies are given free rein to
mistreat detainees, especially those accused of
political or extremist activities. The combination of poor training, inadequate professional
standards, and low pay in many states, coupled
with the pressure to report “solved” criminal
cases, leads to frequent abuse of suspects and
witnesses. Adequate safeguards for the protection of human rights are missing from criminal
procedure in many participating States, and the
existing safeguards against abuse are not vigorously enforced.
Anti-torture work is prominently reflected
in the ODIHR’s agenda. Preventing and combating torture are mainstreamed into all programme activities, with particular emphasis on
pre-trial detention and prosecutorial reform, as
well as targeted support to strengthen domestic
monitoring programmes and capacities.
Access to detention facilities through public monitoring is a key to combating torture.
Deprivation of liberty represents a radical limitation on individual freedoms in general, and
places of detention are regularly closed institutions, where detainees depend on authorities in a situation of extremely unequal power
relations and an ever-present danger of abuse
of power. Monitoring, as based on standardized and objective criteria, can partly redress
this problematic situation insofar as it pres-
Keynote speaker Judge Fausto
Annual Report
29
Pocar (left), President of the
International Criminal Tribunal
for the former Yugoslavia,
with ODIHR Director
Ambassador Christian Strohal
at a meeting on the rule of
law, Warsaw, 10 May.
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