inal-justice reform, promoting political awareness and encouraging structural changes in
criminal-justice systems.
In 2005, the ODIHR continued to advocate
the transfer of power to authorize arrest from
prosecutors to the judiciary. The ODIHR also
continued to support the development of independent monitoring boards for places of detention and encouraged participating States to give
early consideration to signing and ratifying the
Optional Protocol to the Convention against
Torture (OPCAT).
Torture prevention is also being enhanced
through the focal point on torture at the
ODIHR.
OSCE/CURTIS BUDDEN
Democratization: Rule of Law
Keynote speaker Sir Sydney
Transfer of judicial authorization of arrest
OPCAT and detention monitoring
to the judiciary
In 2005, the ODIHR worked closely with NGOs
and governmental partners to discuss ratification of the OPCAT. One aspect of the OPCAT
that could be a powerful torture-prevention tool
is the monitoring mechanism: the OPCAT provides for a worldwide monitoring body and constantly working independent and transparent
national mechanisms.
The ODIHR provides assistance in the development of independent national monitoring
mechanisms. In 2005, this assistance included
activities in Armenia and Kazakhstan. The
ODIHR supported the Armenian Monitoring
Board in the development of regular and institutionalized monitoring of places of detention
by civil society. The ODIHR translated the manual Monitoring Places of Detention: A Practical
Guide for NGOs into Armenian to support the
training and capacity-building activities of the
Armenian Monitoring Board.
In Kazakhstan, the ODIHR followed up the
adoption of the law that allowed public monitoring of places of detention in 2004 by working
with other partners, such as Penal Reform International, to assist Kazakh authorities with official regulations on the creation and functioning
of monitoring boards. The ODIHR is also closely
following ongoing discussions on the establishment of monitoring boards in Kyrgyzstan.
Most ill-treatment and torture take place against
people held in custody. International human
rights standards and OSCE commitments
require that the decision on whether someone is
to be held in custody be made by an independent judge. This is done through a procedure
known as habeas corpus. The integration of this
procedure into legislation puts both the defence
and prosecution on a more equal footing when
arguing their points before the court in an adversarial setting, as the prosecutor does not have the
immediate advantage of deciding if a defendant
remains in custody.
To date, prosecutors in six countries in the
OSCE region retain the authority to place a person into custody: Belarus, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan.
At present, discussions on the transfer of powers of arrest from the prosecutor’s office to the
judiciary are prominent on the agenda in some
countries of Central Asia. The ODIHR provides
legislative advice and sharing of experience and
expertise on how to implement this reform. In
this context, the ODIHR, jointly with the parliament of Kazakhstan, held a conference in June on
the transfer of powers of arrest from the prosecutor’s office to the judiciary.
ANNUAL REPORT 2005
Kentridge QC (left) with
Ambassador Christian
Strohal, at a meeting on
the role of defence lawyers
in guaranteeing a fair trial,
Tbilisi, 3 November.
25
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents