were taught: (1) national and international standards will be presented to the authorities and civil society for on fair trials; (2) trial-monitoring techniques and prin- discussion ciples; and (3) reporting skills. ommendations on legal reform in any areas of concern The country reports will also include rec- that are identified by the monitors. From January to October 2004, the monitors observed 125 cases of individuals charged with crimes following Following a needs assessment in Moldova in 2004, the the election. This included preliminary hearings, first- ODIHR agreed to continue co-operation with the OSCE instance trials, and appeals. The monitors’ observation Mission to Moldova on the elaboration of a trial-moni- reports served as the basis for a comprehensive report toring manual, with a focus on monitoring trials that by the ODIHR and the OSCE Office in Baku that was is- involve crimes of trafficking. sued at the beginning of 2005. Freedoms of assembly and association The report concluded that, in general, Azerbaijan’s legislative framework recognizes the rights and protec- The freedoms of assembly and association are among tions required for the conduct of fair trials in compli- the cornerstones of any democratic society. OSCE par- ance with international standards. The actual legal ticipating States have committed themselves to guar- proceedings in the cases monitored, however, were not anteeing “that everyone will have the right of peaceful always conducted in a manner that would guarantee assembly and demonstration and that any restrictions the protection of these rights. In particular, the trials which may be placed on the exercise of these rights did not meet certain safeguards, including the right to will be prescribed by law and consistent with interna- legal counsel, the right to an impartial and independ- tional standards”. ent tribunal, the right to a fair hearing, and the right Although all OSCE participating States are committed to a reasoned judgment. to guaranteeing citizens the freedom of assembly, this Two trial-monitoring projects were also launched in commitment is not always met in practice. In some Kyrgyzstan and Kazakhstan at the end of 2004. Train- cases, new laws aimed at fighting terrorism have pre- ing was conducted in December for 31 participants in vented people from gathering or holding peaceful Bishkek and another 26 in Almaty. Those receiving the demonstrations. In other cases, individuals have been training included both government officials and NGO prevented from forming new political parties, especial- representatives, who were invited to ensure trans- ly when in opposition. The curtailing of these freedoms parency and to establish co-operation. impairs the development of democracy, undermining democratic elections – a necessity for the legitimacy of From the beginning of 2005 through May 2006, the any government – and having a harmful effect on the monitors will observe criminal cases in local and re- growth of civil society. gional courts in both countries in order to gather information about the compliance of court practices with The ODIHR supports efforts to protect the freedoms of fair-trial guarantees, particularly the right to a fair and assembly and association in a number of ways, includ- public hearing, equality of arms, presumption of inno- ing by offering expert legal advice to governments and cence, and the right to adequate and effective legal OSCE field operations and by organizing meetings that defence. provide a forum to discuss problem areas and suggest relevant solutions. In 2004, for example, the ODIHR Reports from the monitors will be compiled on a peri- provided legal expertise to the Armenian Government odic basis and consolidated into country reports that on its Law on the Procedure for Conducting Gather- 54