DEMOCRATIZATION
Tina Gewis (r), Chief of
ODIHR Rule of Law Unit,
together with Nataliya
Nikitenko (l), Head of
Parliamentary Committee on
Human Rights, Constitutional
Legislation and State
Structure of the Kyrgyz
Jogorku Kenesh, and John
McGregor (c), the Deputy
Head of OSCE Centre
in Bishkek at Fifth Expert
Forum on Criminal Justice
for Central Asia in Bishkek,
Kyrgyzstan on 24 November.
Andrei Borisovich Novoselov
In 2014, ODIHR prepared two joint legal opinions,
with the European Commission for Democracy through Law of the Council of Europe (Venice
Commission), on draft legislation pertaining to the
independence of the judiciary, focusing on the selection, performance evaluation, discipline and
career tracks of judges in Moldova and the disciplinary responsibility of judges in the Kyrgyz
Republic. This continued the Office’s legislative support to these countries’ judicial reform efforts.
Trial Monitoring
OSCE participating States have acknowledged the
importance of trial monitoring as a tool to ensure
greater transparency in the implementation of OSCE
commitments and have agreed to allow monitors
to be present in courts as a measure to promote
confidence building. In line with this engagement,
ODIHR has developed its trial-monitoring programme to assist OSCE participating States in their
legal and judicial reform processes, in line with
OSCE commitments.
ODIHR completed the monitoring of 14 criminal cases against high-ranking individuals from the
former Georgian government and published the
OSCE/ODIHR Georgia Trial Monitoring Report on 9
December 2014. ODIHR’s monitoring of these trials, at request of the Georgian authorities, began
in February 2013 and covered 327 court hearings,
and followed the methodology laid down in its
t rial-monitoring tools, including Trial Monitoring: A
Reference Manual for Practitioners. The report provides concrete recommendations to the Georgian
authorities and relevant stakeholders in the criminal
justice sector on how to improve the respect for fair
trial rights in criminal proceedings in Georgia.
In fulfilling its role as a depository for OSCE’s trial
monitoring work and methodology, ODIHR also
supports OSCE field operations in their trial
monitoring activities. On 5 and 6 March, ODIHR
trained 25 NGO monitors in the Osh region of
Kyrgyzstan on fair-trial rights and trial-monitoring
methodologies, upon request of the OSCE Centre
in Bishkek. On 6 and 7 May in Belgrade, ODIHR supported an OSCE Mission to Serbia trial-monitoring
project and selected NGOs to participate in a training course on trial-monitoring methodologies.
To support civil society actors in South Eastern Europe engaged in trial-monitoring activities, ODIHR
conducted country assessments from 7 to 13 September in Montenegro and the former Yugoslav
Republic of Macedonia, in partnership with Court
Watch Foundation Poland. These assessments
aimed to develop trial-monitoring activities that are
based on the engagement of citizens and provide
for improved sustainability of trial-monitoring efforts as a means to support judicial reforms.
ODIHR Annual Report 2014
27
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