ANNUAL REPORT 2004 Human Rights Trial-monitoring rights obligations. In this regard, the ODIHR is well placed to monitor developments regarding any meas- The right to a fair trial comprises a set of interrelated ures taken in derogation of international human rights rights and is enshrined in numerous international and obligations and OSCE commitments resulting from a regional human-rights instruments. In recognition of national emergency. the fundamental nature of the right to a fair trial, the OSCE participating States have committed themselves Moscow Mechanism to permit national and international observers to mon- The Moscow Mechanism provides for the possibility for itor trials. participating States to establish ad hoc missions of independent experts to assist in the resolution of a spe- ODIHR trial-monitoring activities, which have been de- cific human dimension problem either on their own veloped on the basis of this commitment, encourage territory or in other OSCE participating States. The compliance with national and international fair-trial ODIHR is designated to provide support for the imple- standards and ultimately aim to increase the trans- mentation of the Moscow Mechanism, and it maintains parency of, and public confidence in, the legal system. a list of experts appointed by some of the participating States who are available to carry out such investiga- Implemented in co-operation with governments and tions. OSCE field missions, the ODIHR's trial-monitoring programme provides training in national and internation- Reporting al fair-trial standards and trial-monitoring methodolo- The ODIHR participates in discussions of the Permanent gy and co-ordinates monitoring activities, while providing continual feedback and support. In particu- Council by reporting on its activities and providing in- lar, the programme: formation on implementation issues. In this way, the ODIHR Director may raise specific concerns in relation
to human dimension commitments. Trains lawyers and members of NGOs to monitor trials and to report accurately on their compliance with national and international standards;
Obtains systematic and impartial information on trials from the perspective of their compliance with national and international fair-trial standards; and
Identifies areas where reform is needed and makes appropriate recommendations in this regard. In 2004, the ODIHR conducted trial-monitoring activities in Azerbaijan, Kazakhstan, and Kyrgyzstan. The project in Azerbaijan followed up on the presidential election in October 2003, focusing on the individuals who had been detained or arrested during the demonstrations that followed the election. The ODIHR organized two training sessions for 19 trial monitors, who included lawyers and NGO representatives. The monitors 53