Human Rights
After the violent events in Andijan, Uzbekistan, on 13 May, the ODIHR received varying reports about what happened,
including allegations of gross violations of human rights. As reporting of the events was sporadic and contradictory,
the ODIHR, in consultation with the Chairman-in-Office, sent a team of human rights experts to Kyrgyzstan to interview witnesses to these events who had sought refuge there.
The ODIHR produced a report based on 44 in-depth interviews with refugees in the Suzak Camp, near the Uzbek-Kyrgyz
border, between 26 May and 2 June. As no positive response to requests for visas to travel to Uzbekistan was received,
this report did not aspire to give a full account of the events; rather, it was intended to serve as a basis for asking the
Government of Uzbekistan to co-operate with an international, independent, and impartial investigation. A number of
recommendations for follow-up were provided in the report.
The ODIHR also supported the efforts of the OSCE Centre in Tashkent with respect to monitoring trials related to the
Andijan events. The ODIHR sent a trial-monitoring team to Tashkent to observe the trial of 15 defendants between 20
September and 14 November. A report on the compliance of this trial with international and national fair-trial standards will be released in 2006.
presumption of innocence, and the right to adequate and effective legal defence. After further
training, and as the final phase of the project,
the information gathered by the monitors will
be presented to the authorities and others in
2006.
In February, the ODIHR issued a report from
the trial-monitoring project that was conducted
in Azerbaijan in 2003-2004, focusing on the
trials of those individuals who were detained or
arrested during demonstrations that came in
the wake of the presidential election in October
2003. The report was based on the observations
of 19 trial monitors who had been trained by
the ODIHR in 2003-2004 and who, from January to October 2004, observed 125 cases of
individuals charged with crimes following the
election.
The report concluded that, in general, Azerbaijan’s legislative framework recognizes the rights
and protections required for the conduct of fair
trials in compliance with international standards. The actual legal proceedings in the cases
monitored, however, were not always conducted
in a manner that would guarantee the protection of these rights. In particular, the trials did
not meet certain safeguards, including the right
to legal counsel, the right to an impartial and
independent tribunal, the right to a fair hearing,
and the right to a reasoned judgement.
In April, the ODIHR hosted a meeting with
representatives of Azerbaijan’s government
ANNUAL REPORT 2005
and civil society, as well as with international
experts, to discuss ways to implement the recommendations contained in the ODIHR’s
report. The results, however, were not as positive as expected, and the ODIHR suspended its
involvement in the group’s work.
In 2005, the ODIHR assisted the OSCE
Mission to Moldova in planning a trial-monitoring project. The Office also contributed
to the elaboration of a trial-monitoring manual that, among other issues, included a special
focus on monitoring trials that involve crimes
of trafficking.
Human rights defenders/freedoms of assembly
and association
Although all OSCE participating States are committed to guaranteeing citizens the freedom of
assembly and association, these commitments
are not always met in practice. In some cases,
new laws aimed at fighting terrorism or combating extremism have prevented people from
gathering or holding peaceful demonstrations
or imposed new requirements on NGO registration and reporting. In other cases, individuals have been prevented from forming or registering political parties, especially when in opposition. The curtailing of these freedoms impairs
the development of democracy, including by
undermining democratic elections — a necessity for the legitimacy of any government — and
by having a harmful effect on the growth of civil
53
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents