Democratization: Rule of Law It is expected that the OPCAT will enter into force in 2006 following its 20th ratification. The ODIHR will continue its involvement in this process. II. Fair trials The right to a fair trial involves a range of minimum standards that touch on nearly every aspect of the criminal-justice system: the independence of the judiciary; access to competent legal counsel; and certain procedural safeguards, such as granting the accused the right to a public trial within a reasonable period of time, granting the right to appeal, and informing the accused of any decisions taken. A trial that fails to meet even one of these criteria may be deemed unfair. Thus, in its efforts to see that judicial systems are capable of guaranteeing fair trials, the ODIHR takes a comprehensive approach. The ODIHR offers assistance to states to ensure that their legislative frameworks are conducive to guaranteeing fair trials by enshrining all of the necessary safeguards. It also conducts activities aimed at reforming the defence bar and improving the professional skills of lawyers. The ODIHR also recognizes the positive role of trial-monitoring programmes in identifying and reporting systematic shortcomings in the administration of justice. the American Bar Association’s Central European and Eurasian Law Initiative, the ODIHR initiated dialogue with partners in Azerbaijan to ensure that the law is implemented. In Kyrgyzstan, the ODIHR made two assessments of the draft law on defence lawyers. In October, the ODIHR, together with the parliament and other interested parties, organized a roundtable to discuss the draft. Discussions focused on the status of advocates and ensuring independence of the proposed new bar while maintaining professional ethical standards and effective disciplinary procedures. In Kazakhstan, the ODIHR also reviewed new amendments to the law on defence lawyers that concern reform of access to the bar, disciplinary proceedings, and the organizational structure of the bar. During the Supplementary Human Dimension Meeting on the Role of Defence Lawyers in Guaranteeing a Fair Trial, in November, a number of recommendations were made with respect to bar reform that could be implemented in Kazakhstan. The ODIHR plans to organize an international conference on reform of the bar in Kazakhstan in 2006. In Armenia, the ODIHR followed the implementation of the new law on advocates and also monitored the unification of two former bodies into the newly established Chamber of Advocates. Reforming the defence bar Where the defence bar is not an open institution that freely admits new members on a regular basis, there will inevitably not be enough lawyers to counsel those in need of legal assistance. The ODIHR has been an advocate for bar reform in order to improve access to legal advice. Its assistance takes the form of expert recommendations, legislative review, or simply initiating much-needed discussion among all interested parties, including the non-governmental sector. In addition, the ODIHR has also encouraged the development of professional skills among lawyers. In Azerbaijan, the ODIHR has been observing implementation of the new law on advocates. Along with the OSCE Centre in Baku and ANNUAL REPORT 2005 Professional development The ODIHR encourages the creation of continuing legal education programmes that allow defence lawyers to regularly update their professional knowledge and improve their skills. In 2005, the ODIHR worked with defence lawyers in Kazakhstan on improving the professionalism of bar members. A group of Kazakh trainers who completed an ODIHR training programme the year before conducted more than 90 hours of seminars to improve the professional legal skills of their less experienced colleagues in the Almaty City Collegium of Advocates. In Kyrgyzstan, the ODIHR provided support to the Youth Human Rights Group, a national NGO that implements an advanced training course 27

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