ANNUAL REPORT 2004
Democratization Rule of Law
Rule of Law
The fundamental principle underlying the notion of rule
the use of torture by rewarding and promoting police
of law is the equitable treatment of individual human
officers and prosecutors for numbers of "cases solved"
beings. A state can be said to recognize the rule of law
and even punishing those who fail to "solve" cases. In
only when a number of conditions are being met. First,
these conditions, impunity for torturers is the norm.
individual citizens should be aware of their rights,
meaning that laws have to be made public. Second,
Penal-policy reform: The Soviet Union left a diffi-
everyone must be equal under the law. In other words,
cult legacy to many of its successor states in the area of
all citizens should be treated fairly, and they should
penal policy. Incarceration, rather than probation or
know what to expect from that treatment. It also means
other non-custodial measures, continues to be the pre-
that no one should be given preferential treatment
ferred form of punishment for both adults and juve-
based on factors such as wealth or social status.
niles. The result is large prison populations and overcrowding with poor conditions that do not comply
In a number of cases in the OSCE region, countries are
with international standards and that have led to a
undergoing a transition to democracy; this transition
number of negative consequences, including severe
requires significant cultural and attitudinal changes.
health problems among inmates.
Such changes take, by nature, a long period of time.
Thus, the ODIHR's work in the field of the rule of law
Activities
involves ongoing, long-term programmes.
The ODIHR conducted activities in 2004 in two main
areas:
Main issues
Criminal-justice reform; and
Fair trials: In many parts of the OSCE region, neces-
Fair trials;
sary safeguards for assuring a fair trial are either not in
place or are not properly observed. There are also sys-
Within this framework, the ODIHR implements targeted
tematic problems related to the practice of law, as
activities in eight OSCE participating States: Belarus;
lawyers suffer from inadequate training and poor legal
Kazakhstan, Kyrgyzstan, Tajikistan, and Uzbekistan in
structures; and citizens suffer from the lack of afford-
Central Asia; and Armenia, Azerbaijan, and Georgia in
able professional legal assistance.
the South Caucasus. In 2004, the ODIHR also began
doing limited work in South-Eastern Europe, particular-
Torture: Despite clear OSCE commitments and in-
ly on issues relating to war crimes.
ternational human-rights obligations prohibiting it,
torture continues to be used, all too frequently,
The ODIHR uses expertise from a variety of sources,
throughout the OSCE region. In far too many coun-
stressing good practices developing in various OSCE
tries, torture and inhuman or degrading treatment or
participating States. In 2004, more than 80 per cent of
punishment are a routine part of the criminal process.
the experts used by the Rule of Law Unit came from
Convictions rely on confessions; these confessions are
emerging democracies. Included in this pool was a large
often obtained through the use of torture as the main
number of experts from Russia on both criminal-justice
investigatory technique of many police officers. Crimi-
reform and activities in the area of fair trials, particular-
nal-justice systems often reinforce the continuation of
ly legal-skills training.
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