B. Trial Monitoring Project in Azerbaijan,
ODIHR and the OSCE Office in Baku
126
Model
ODIHR special-purpose programme organized in co-operation with the
OSCE Office in Baku.
Inception
The project was organized following violent clashes between police and protesters after the October 2003 presidential elections. Criminal trials of the
125 people charged with election-related violence were monitored between
November 2003 and November 2004.
Objectives
• To serve as a confidence-building measure and to increase transparency in
the administration of justice with respect to the trials in cases of electionrelated violence;
• To train local monitors and build the capacity of lawyers to monitor and
report accurately on international fair-trial standards;
• To disseminate reports on compliance with national and international fairtrial standards and to make recommendations on improving the right to a
fair trial.
Partners
None
Monitoring
Staff
Twenty-one local lawyers were selected and trained, and then served as
contract monitors under the supervision of a local project co-ordinator. One
international lawyer monitored the trials and appeals of seven prominent
opposition leaders charged with criminal violence.
Reports
Report from the Trial Monitoring Project in Azerbaijan 2003-2004 (ODIHR
and OSCE Office in Baku, 2005)
Achievements
• The project successfully identified and monitored the trials of all 125
people charged with election-related violence;
• The findings of the monitoring were set out in a published report that was
presented to the government in February 2005;
• Specific findings were made in relation to the application of the right to
liberty, as well as compliance with fair-trial standards. Findings and analysis
were made as follows: the rights of persons in custody to be informed of
charges against them; the right to be promptly brought before a judge;
the right to notify others of detention; the right to a lawyer; the right to
a public hearing; the right to an independent and impartial tribunal; and
other related issues;
• A series of recommendations were provided for both immediate
government action and for longer-term implementation of Azerbaijan’s
criminal procedure code to better protect fair-trial standards in practice.
Recommendations for immediate action included: redress of specific
violations by commuting specific sentences and conducting retrials as
appropriate; conducting investigations of mistreatment; and forming an
official body to receive complaints against police officials.
Trial-Monitoring: A Reference Manual for Practitioners
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