Human Rights
recommendations to participating States, drawn
from best practices from across the OSCE area,
on how they can best secure the enjoyment of
human rights by members of the armed forces.
ODIHR also co-operated with the Council of
Europe’s Committee of Experts for the Development of Human Rights’ Group on Human Rights
in the Armed Forces, utilizing the expertise it
had built up in past roundtables and in drafting the handbook to contribute to a Council of
Europe Committee of Ministers Recommendation on Human Rights in the Armed Forces.
IV. Monitoring compliance with human
dimension commitments
ODIHR’s monitoring of implementation of
OSCE commitments by participating States
helps identify areas where it may render technical assistance or help states improve compliance
by providing capacity-building expert advice, or
by facilitating dialogue between civil society and
national authorities. Specific areas include fairtrial and capital-punishment safeguards.
Trial-monitoring
OSCE participating States have made a commitment to accept court observers as a confidencebuilding measure and to ensure transparency in
the implementation of their commitments to
fair judicial proceedings. The purpose of trialmonitoring is to assess criminal-court proceedings in terms of their compliance with OSCE
commitments, international fair-trial standards,
and national criminal-procedure laws. Trialmonitoring is concerned only with the fairness
of a trial, not with the guilt or innocence of the
accused. The information gathered by monitors
attending court hearings can form the basis for
recommendations for the reform of legal systems, as well as for the development of institution-building projects by ODIHR or other international and national organizations.
Kazakhstan
A two-year trial-monitoring project in Kazakhstan, conducted jointly by ODIHR and the
OSCE Centre in Astana, came to an end in
2007 following the observation of some 730
court sessions in eight regions of the country.
The project’s final report was released at the
Supreme Court in February, where representatives of Parliament, the Supreme Court, the
Constitutional Council, the Office of the Prosecutor-General, the Ministry of Justice, and civil
society met to discuss the report’s findings with
respect to the compliance of Kazakhstan’s criminal courts with international and national fairtrial standards, as well as recommendations
for reform. These included upholding the right
of the public to attend court, ensuring equality of arms, and upholding the presumption of
innocence.
The OSCE Centre in Astana followed up on
the project by engaging Kazakhstan’s government in dialogue on the recommendations and
carrying out a second round of trial-monitoring
that lasted until the end of 2007.
As part of the follow-up process, ODIHR
participated in a series of consultations on the
report that were held in May at the Almaty
City Court and several other regional centres in
Kazakhstan. These meetings provided a forum
for discussions on the practical implementation of the report’s recommendations, e.g.,
the removal of metal cages from courtrooms
throughout Kazakhstan.
Kyrgyzstan
ODIHR and the OSCE Centre in Bishkek completed a two-year trial-monitoring project in
Kyrgyzstan in 2007. During the monitoring
period, 26 monitors observed 1,134 court sessions. The final report on the project, which
was released in Bishkek at the end of November, includes findings about compliance with
international and national fair-trial standards
and also identifies possible areas for reform.
The launch of the report involved a discussion
with members of the judiciary, prosecutors, and
defence lawyers, and was followed by a public
roundtable that brought together legal professionals and representatives of civil society.
Annual Report 2007
A report on a trialmonitoring project in
Kyrgyzstan.
45
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents