Democratization: Rule of Law ing that no part of the legal system stands alone, and that each institution is interconnected and interrelated, the ODIHR focuses on some key priority areas, including: k Strengthening defence lawyers: Access to a lawyer who can provide competent professional legal services is a fundamental part of ensuring protection of human rights, particularly the right to a fair trial. In many participating States, defence lawyers have insufficient procedural rights to effectively defend their clients. The ODIHR emphasizes the need to ensure access to legal counsel and to strengthen the role of defence lawyers in criminal proceedings throughout the OSCE area. k Introduction of jury trials: Several countries in the OSCE region have been discussing the possibility of introducing jury trials in criminal cases. This reform is seen by many in post-Soviet states as a catalyst for improving the professionalism of all elements in the criminal-justice system and ensuring equality of parties in criminal proceedings, presumption of innocence, and better protection from unlawful investigative actions. The ODIHR has facilitated discussions about jury trials and the sharing of experiences between participating States about different models of lay participation in criminal trials. k Transferring authority to sanction arrest: In some participating States, prosecutors, not judges, have the authority to sanction arrests. International human rights instruments and OSCE commitments require that the decision to keep someone in custody must be made by an independent judiciary. This is seen as an important fair-trial guarantee and a safeguard against potential mistreatment in custody. Activities The ODIHR conducted activities in 2005 under two main programmes: k Criminal-justice reform; and k Fair trials. ANNUAL REPORT 2005 Within this framework, the ODIHR implements activities in OSCE participating States in Central and Eastern Europe, South-Eastern Europe, and Central Asia. The Office uses expertise from a variety of sources, stressing good practices developed in various OSCE participating States. Where appropriate, the ODIHR relies on experts from states that have had comparable experiences. Included in this pool are a large number of experts from the Russian Federation on criminal-justice reform and related issues. The ODIHR also encourages exchanges of experience and expertise. For example, the formation of an Office of the Human Rights Defender in Armenia created an opportunity where an exchange of experience could have an immediate impact. The ODIHR organized exchange visits in 2005 for staff from the Armenian Office to the Office of the Polish Ombudsman and the Office of the Lithuanian Parliamentary Ombudsman. Co-operation with OSCE field operations is vital, as those on the ground in the relevant countries are able to react quickly to developments in governmental policies or to cases that require OSCE involvement. The ODIHR cooperates with a strong network of governmental and non-governmental partners, which is a fundamental aspect of all of its fieldwork. I. Criminal-justice reform In many states of the former Soviet Union and South-Eastern Europe, criminal-justice systems are being reformed in order to meet relevant international standards and OSCE commitments. All reform efforts in the area of criminal justice should be comprehensive, since all the individual parts of the system must work together. In 2005, the participating States recognized the importance of work in the area of criminal-justice reform through Ljubljana Ministerial Decision No. 12 on “Upholding Human Rights and the Rule of Law in Criminal Justice Systems”. The participating States agreed to increase attention to this area in 2006. 23

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents