Democratization
comments on the tools developed and reviews
the project’s progress during regular exchanges,
the last of which in 2010 took place on the margins of the annual co-ordination meeting for
trial monitoring. The meeting was organized in
2010 jointly by ODIHR and the OSCE Mission
to Montenegro, in Budva from 29 November to
1 December.
ODIHR also embarked, in co-operation
with Sweden’s Folke Bernadotte Academy, on
a project to develop guidelines on monitoring
administrative justice before courts and is currently in the process of compiling and analyzing
existing fair-trial standards applicable in this
field.
In March, ODIHR published its final report
on the trial monitoring project in Armenia carried out in 2008 and 2009. The report identified
a number of shortcomings in the administration
of justice, including the ill-treatment of individuals in custody and undue restrictions of the
right to defence. The recommendations made
to the Armenian authorities were discussed by
ODIHR experts with the Ministry of Justice, the
Prosecutor General’s Office, the Court of Cassation and other stakeholders at three subsequent
workshops held in Yerevan in April, July and
November, respectively. A presidential decree
was issued to set up a working group to draft a
new Code of Criminal Procedure in light of the
ODIHR recommendations.
Criminal Justice Reform
ODIHR continued to facilitate the exchange of
expertise and provide assistance to participating
States in the field of criminal-justice reform.
The 2010 Expert Forum on Criminal Justice for Central Asia, held in Dushanbe on 17
and 18 June, was devoted to issues faced by the
criminal-justice systems in the region. These
issues included the authorization of pre-trial
detention, judicial oversight of criminal investigation, evidentiary rules and adversarial
procedure, jury trials, reform of legislation on
administrative offences, abbreviated and simplified criminal procedures, and alternatives to
criminal prosecution. Prominent international
experts shared their experience with more than
120 policymakers, researchers and criminal-justice professionals from Kazakhstan, Kyrgyzstan,
Tajikistan and Uzbekistan.
At the Expert Forum, ODIHR also presented
preliminary results from two research projects it
carried out in Kazakhstan in 2010 – on judicial
authorization of pre-trial detention and on jury
trials. The reports contain analysis of current
legislation and practice, as well as recommendations for improvements. These will be published
in early 2011.
In Moldova, ODIHR worked with the Prosecutor General’s office to strengthen the capacity
of the recently created Superior Council of Prosecutors (SCP). An ODIHR expert spent four
weeks with the Council in October to assess
its institutional strengths and weaknesses and
share experiences from other countries. The
results were presented at a roundtable with
the Prosecutor General and other high-ranking justice officials in Chisinau on 6 December.
Future discussions are expected to focus on
addressing the problems that the close institutional relationship between the SCP and the
office of the Prosecutor General creates for public perceptions of the SCP as a guarantor of the
independence, objectivity and impartiality of
prosecutors, as required by the organic law creating it.
Electoral Disputes
ODIHR continued to develop capacity to provide assistance to participating States in
resolving election-related disputes. Two expert
meetings held in Warsaw, in February and
December, respectively, served to identify the
main challenges in the OSCE region and prioritize potential areas of engagement for ODIHR.
Their conclusions will guide ODIHR efforts in
this area in 2011, including the development of
policy guidelines on electoral-dispute resolution
at the administrative and judicial levels.
Supporting the Adjudication of War Crimes
Since May 2010, ODIHR has been implementing
the War Crimes Justice Project (WCJP), aimed
at strengthening the capacity of national legal
systems of countries in South-Eastern Europe
in dealing with war crimes cases. The 18-month
project is supported by 4 million euros in funding from the European Union and implemented
in partnership with the International Criminal Tribunal for the Former Yugoslavia (ICTY)
and the United Nations Interregional Crime
and Justice Research Institute (UNICRI), as well
as the OSCE field operations in the region. The
project prioritizes the transfer of knowledge and
materials from the ICTY to legal professionals in national jurisdictions and, in so doing,
addresses identified gaps in the professional
capacities of practitioners and their resources in
ODIHR Annual Report 2010
23
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