Accordingly, ODIHR and its partners launched a project in 2008 to assess the capacity-building needs of
national judicial systems with respect to adjudicating
war crimes cases sent back from the ICTY. Following up
on this research in 2009, ODIHR and its partners identified and shared with local jurisdictions a number of
best practices, including the employment of practical
exercises, such as moot courts, and organizing peer-topeer training for judges. The final report of project was
launched in The Hague in September 2009.
ODIHR has received funding from the European
Commission for a project to help the national legal systems in countries of the region responsible for dealing
with war crimes cases develop the skills they need to
deal with them in an effective manner, particularly with
respect to cases being transferred back to the region
from the ICTY. The project, based on recommendations from the above-mentioned research, will be led by
ODIHR and carried out jointly with the ICTY, the United
Nations Interregional Crime and Justice Research Institute and OSCE field operations in the region.
Trial Monitoring
Trial monitoring is another important activity in which
ODIHR uses its position to facilitate the sharing of information among OSCE field operations. The Office also
carries out trial monitoring operations both in its own
right and jointly with field operations.
ODIHR continues to organize annual inter-mission information exchanges on trial monitoring, with
the fourth such meeting held in 2009. One result of
this meeting was the re-affirmation of ODIHR’s role as
the repository of the OSCE’s collective knowledge in
this field. ODIHR is now working to establish an information and knowledge-management system, which
will include an online discussion forum and can be
applied throughout the OSCE region in trial-monitoring
operations..
In addition, ODIHR launched a trial-monitoring project in Armenia following post-election violence in
March 2008. The final report on this project will be
published in 2010. It includes a list of recommendations to the Armenian authorities for reforms to address
shortcomings identified, including the need for better
protection against arbitrary detentions and further measures to improve the professionalism of judges. ODIHR
stands ready to assist in the implementation of these
recommendations.
Prevention of Torture
activities currently being implemented by field operations and
proposes strategies to enable OSCE
field operations and other organizations working on torture prevention
to take a more systematic approach
to the issue. In addition, the publication provides an overview of the
latest developments with regard
to the implementation in the OSCE
region of the Optional Protocol
to the United Nations Convention
against Torture.
Criminal Justice
Reform in Central Asia
ODIHR has been assisting the states of Central Asia with
reforms of their criminal legislation since the late 1990s,
resulting in the gradual introduction of judicial authorization of arrest in criminal procedure codes, notably in
Kazakhstan, Kyrgyzstan and Uzbekistan; a wide-ranging consultative process before introducing jury trials
in Kazakhstan; and legislative changes with respect
to the right of the defendant to request a jury trial in
Kazakhstan.
Instrumental in all of ODIHR’s criminal justice activities in the region is the annual Expert Forum on
Criminal Justice for Central Asia, the fourth of which was
held in 2009. This is the only forum that brings together
key actors from across the region specifically to discuss
criminal justice reform through an exchange of opinions
with policymakers, authoritative experts and academics. In addition to providing a unique platform for expert
dialogue, the forum also helps ODIHR ensure that its
rule of law priorities for the region correspond to real
needs and address emerging issues.
At the 2009 forum, held in Kyrgyzstan, nearly 60 participants from the region gathered to discuss a range
of issues, including new developments in the reform
of criminal procedure in Tajikistan and Turkmenistan,
judicial authorization of pre-trial detention in Uzbekistan and Kyrgyzstan and jury trials in Kazakhstan. ODIHR
developed several follow-up projects to monitor and
assess how some of these reforms were being implemented in the region and to develop recommendations
for improvements. Results from these projects will be
presented at the 2010 forum.
21
Other Priorities
Independence of the Judiciary
The year 2009 saw the completion of an important
cycle of work on the prevention of torture, resulting
in an online publication called The Fight against Torture: The OSCE Experience. It contains an overview of the
ODIHR Annual Report 2009
Genuine judicial independence, a requirement of
equality before the law, is one of the hallmarks of a
democratic society. It is the fundamental element
Democratization
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