11
Introduction
The ODIHR and the majority of OSCE field operations have been conducting trial monitoring programmes over the last ten years. These programmes aim to assist participating States
in developing functioning justice systems that adjudicate cases consistently with the rule of
law and due process.
In 2008, the OSCE Ministerial Council called on the participating States “to honour their
obligations under international law as a key element of strengthening the rule of law in the
OSCE area”,7 thus including States’ legal obligations resulting from other international environments into the body of the OSCE commitments. Against this background, the Legal
Digest of International Fair Trial Rights builds on international laws and standards applicable in criminal and non-criminal proceedings as spelled out by the International Covenant
on Civil and Political Rights (hereinafter ICCPR)8 and the Convention for the Protection of
Human Rights and Fundamental Freedoms (also known as European Convention on Human
Rights, hereinafter ECHR)9, in addition to the OSCE Human Dimension commitments.10
Consequently, the Legal Digest makes vast reference to the case law as developed by the UN
Human Rights Committee, as well as by the European Court of Human Rights. Not all OSCE
participating States are members of the Council of Europe and thereby the European Convention on Human Rights is not applicable to them. However, the European Court of Human
Rights’ jurisprudence provides authoritative decisions and guidance that go well beyond the
Convention’s espace juridique and is, therefore, also relevant for non-member States.
Reference is also made to a limited number of additional binding and non-binding legal sources, including treaties, declarations and recommendations, with a view to complementing the
7 OSCE Ministerial Council, Decision No. 7/08, “Further Strengthening the Rule of Law in the OSCE area”,
within OSCE Ministerial Council Document, Sixteenth Meeting of the Ministerial Council, Helsinki,
4–5 December 2008.
8
International Covenant on Civil and Political Rights, adopted on 16 December 1966.
9
European Convention for the Protection of Human Rights and Fundamental Freedoms, adopted on
4 November 1950.
10 See OSCE Human Dimension Commitments, (Warsaw: OSCE Office for Democratic Institutions and
Human Rights, 3rd edition, 2011).
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