Democratization
experience in trial-monitoring, and ODIHR has
been instrumental in ensuring that that expertise
is shared across the Organization through periodic trial-monitoring co-ordination meetings.
As an outgrowth of these meetings and in an
effort to collect, preserve, and share the OSCE’s
experience in the area of trial-monitoring,
ODIHR developed a trial-monitoring reference
manual that will be published in 2008. The manual synthesizes the best practices and lessons
learned from the trial-monitoring programmes
conducted by ODIHR and 12 OSCE field operations, including experiences from monitoring war-crimes trials. It provides a resource for
practitioners developing or running trial-monitoring programmes. The aim of the manual is
to enhance the quality of such programmes and
thereby strengthen compliance with fair-trial
standards in participating States.
Following the adoption of the law on the
introduction of lay participation in criminal
proceedings in Kazakhstan, ODIHR initiated
a project in 2006 to monitor implementation
of the law. Some 20 monitors were trained and
then observed more than 30 jury trials throughout the country in 2007. Interim project reports,
which were shared with the Supreme Court,
contain a number of legislative, administrative, and organizational recommendations to
improve the conduct of jury trials.
criteria, judicial training institutions, disciplinary proceedings, and performance evaluation.
Participants benefited from the experience of
Dutch, French, Italian, Romanian, and Russian
experts. The workshop was organized jointly
with the United Nations Office on Drugs and
Crime (UNODC) and the State Duma Committee to Combat Corruption.
In July, ODIHR, in co-operation with the
American Bar Association’s Rule of Law Initiative and the OSCE Mission to Bosnia and Herzegovina, organized a roundtable on “Retroactive Application of Criminal Law in War Crimes
Cases”. This meeting of more than 40 legal professionals and academics in Sarajevo focused
on the implications of a recent Constitutional
Court decision related to the retroactive application of current criminal law to war-crimes cases
from the 1991-1995 conflict. The event emphasized the need to apply the same legal standards
to war-crimes cases regardless of the court that
tries them.
Zhazira Krykbayeva of the
International Bureau for
Human Rights and Rule of
Law addresses a workshop
for defence lawyers in jury
trials in Almaty in March.
ODIHR supports debates on policies and
reform issues that affect the implementation of
OSCE commitments. In doing this, ODIHR utilizes one of its main institutional strengths: its
mandate to work across the OSCE area and to
facilitate the exchange of experiences between
the participating States. ODIHR addresses topical issues, makes debates open and inclusive,
and enriches discussions with diverse expert
participation.
A workshop in Moscow in May on “Regulating
Career Development and Professional Accountability of Judges” brought together high-ranking
Russian judges and civil servants to discuss procedures for judicial appointments, promotion
Tatyana Zinovich
Supporting debate on legal policies and reforms
Annual Report 2007
23
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