Human Rights
forces personnel. While recognizing that no single model can apply equally to every individual
country, the manual will present examples from
across the OSCE region of practices that have
proved successful. Ultimately, it is hoped that
participating States will adopt the recommendations outlined in the handbook and that this
will lead to a reduction in the number of human
rights violations within armed forces.
The ODIHR also launched a series of roundtables last year on various thematic issues related
to the human rights of armed forces personnel. The first two roundtables were dedicated to
the “citizen in uniform” concept and to military
unions and associations, and more are planned
for 2007. The events were attended by participants from across the OSCE region, including
representatives of ministries of defence and foreign affairs, armed forces, parliaments, national
human rights institutions, and international and
national non-governmental organizations. One
of the key conclusions that emerged from these
roundtables was that it is possible to reconcile
the protection of human rights with the need for
military discipline. The experience of many participating States has demonstrated that respect
for the human rights of armed forces personnel
contributes to military effectiveness, rather than
detracting from it.
IV. Monitoring compliance with human
dimension commitments
To implement human rights commitments
effectively, states need to conduct systematic
monitoring. Experience has shown that this can
be developed and complemented by the activities of international organizations. While all of
the ODIHR’s activities comprise elements of
monitoring, some are targeted more specifically
at developing the capacity of participating States
in this regard.
Trial-monitoring9
The purpose of trial-monitoring is to assess
criminal-court proceedings in terms of their
9
For more on the ODIHR’s activities in this area, see “Rule
of Law”, p. 26.
compliance with OSCE commitments and
international fair-trial standards. Trial-monitoring is concerned only with the fairness of
a trial, not with the guilt or innocence of the
accused. The information gathered through
monitoring trials can form the basis for recommendations for reform, as well as contribute to
institution-building projects conducted by the
ODIHR and other international and national
organizations.
In 2006, the ODIHR completed two-year
trial-monitoring projects in Kazakhstan and
Kyrgyzstan that were launched in 2004. Monitors observed criminal cases in order to measure the extent to which international fair-trial
standards were upheld, in particular the right
to a fair and public hearing, the principle of
equality of arms, the principle of presumption
of innocence, and the right to adequate and
effective legal defence. Upon the completion of
the monitoring of trials in April, preparation
began on the production of monitoring reports
that will be presented in 2007 to the government. The reports contain recommendations
that aim to assist both countries with ongoing
reforms in the sphere of criminal justice and to
improve their compliance with OSCE commitments on the right to a fair trial.
The ODIHR assisted the OSCE Mission to
Moldova in establishing and implementing its
own trial-monitoring project. In addition to
financial support, the ODIHR provided one of
the trainers for the first training session for trial
monitors in March. The results of the first six
months of the project will be published jointly
by the Mission and the ODIHR in 2007.
Assisting with the implementation of the ICCPR
in Kazakhstan
Having ratified the International Covenant on
Civil and Political Rights (ICCPR) at the end of
2005, Kazakhstan now faces the task of amending domestic legislation that is in conflict with
the ICCPR.
In 2006, the ODIHR and the OSCE Centre in
Almaty supported a project called “Assisting in
the Implementation of the International Cove-
Annual Report
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