Democratization: Rule of Law
ents a direct protection for detainees and can
point to and address human rights violations.
As a result of monitoring, which is carried out
as a democratization assistance tool in direct
dialogue and co-operation with the authorities, recommendations are made for addressing
identified shortcomings. The enhancement of
professional standards of official staff through
training, workshops, and seminars contributes
to the overall improvement of the functioning
of the criminal-justice system.
The ODIHR has supported the prison administrations in Armenia, Georgia, and Kazakhstan
in establishing institutionalized monitoring of
places of detention by civil society. In Armenia,
for example, two distinctive monitoring bodies
have been operational for several years already:
one for places of detention under the authority
of the police (police arrest); the other for monitoring places of detention under the authority of the Central Prison Administration of the
Ministry of Justice (for pre-trial detention and
post-trial prison sentences).
The ODIHR’s assistance to the Armenian
prison monitoring board in 2006 focused on
capacity-building initiatives to enhance understanding and implementation of relevant international standards. The ODIHR also supported
the start-up of the monitoring board for detention facilities under the authority of the police
and provided assistance through the organization of training seminars and workshops.
In Kazakhstan, a system for public monitoring of the penitentiary system has been gradually established in the regions of the country
since 2005. The ODIHR continued its previous
engagement by providing training for monitors and mid- and senior-level staff of detention
facilities. In addition, the ODIHR facilitated
discussions between the authorities and civil
society organizations on the establishment of
public monitoring in police detention facilities.
In Kyrgyzstan, the ODIHR held a series of
consultations with the Presidential Administration and the Interior Ministry on public monitoring of places of detention and also
provided expert advice to an informal working
30
Annual Report
group established by the Interior Ministry and
the Prosecutor-General’s Office, in co-operation with the OSCE Office in Bishkek and the
Penal Reform International Office in Central
Asia, to discuss legislative changes to expand
public monitoring to police stations.
As in previous years, the ODIHR continued
to work closely with governmental partners and
NGOs to promote ratification and implementation of the Optional Protocol to the Convention
against Torture (OPCAT), which entered into
force in June after ratification by 20 countries,
including many OSCE participating States.
The national monitoring mechanisms in the
OPCAT framework could serve in the future
as an effective preventative instrument against
torture. In 2006, the ODIHR advocated for the
establishment of national monitoring mechanisms for places of detention in the participating States that lack them.
In co-operation with the OSCE Mission to
Moldova, a conference on torture prevention
was held in Chisinau in May. The event brought
together representatives of civil society and the
government, including officials from the Interior Ministry, the Prosecutor-General’s Office,
and the Parliamentary Human Rights Committee. Participants discussed procedural safeguards for the prevention of torture, as well as
investigation and redress for torture victims.
Implementation of OPCAT was prominent on
the conference agenda.
Prosecutorial reform
The ODIHR promotes the reform of the prosecution and the judiciary to ensure that the legal
systems of participating States comply with
international standards and OSCE commitments. The reform of prosecutors’ offices and
the strengthening of the powers of the courts
especially in post-communist countries is a long
process. The ODIHR lobbies for various aspects
of reform and works with prosecutors’ offices in
the region. A particular concern is that prosecutors’ offices do not enjoy sufficient autonomy
from the government and, in some participating States, are frequently used to settle politi-
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