Project trial-monitoring in Kazakhstan and Kyrgyzstan:
increasing transparency and assessing compliance with international
fair-trial standards
Beginning in 2004, ODIHR, in co-operation with the OSCE Centres in Almaty and Bishkek, launched long-term trial-monitoring project programmes in Kazakhstan and Kyrgyzstan. These programmes entailed the recruitment and training of 25 local lawyers in
each country to systematically monitor criminal trials. Once accepted to the programme
as contracted monitors and trained, these recent law school graduates and young practicing lawyers were paid to monitor trials in designated courts in their assigned region. As
required by the terms of their individual contracts, monitors worked under the direction
of the project co-ordinator in accordance with the methodology set forth in the projects’
trial-monitoring guidelines and instructions on monitoring and reporting.
Foremost among the aims of both of the programmes was to obtain reliable information on criminal practices to support ongoing efforts to improve compliance with fair-trial
standards and support reform of the judiciary. An aim of equal importance was to train
and build the capacity of local lawyers to monitor and report on criminal trials, as well
as to widely publish the findings of their monitoring. Among the achievements of these
programmes was the attainment of greater access to criminal trials, including an increased
openness of criminal courts, judges, and prosecutors to the presence of monitors, consistent with the right to a public trial.
With the dissemination of public reports in 2007, the programmes in Kazakhstan and
Kyrgyzstan met another of their primary goals by publishing the first independent and
objective findings on the compliance of the criminal justice system with domestic legal
procedures and international legal standards. The increased transparency of criminal proceedings combined with the development of a local monitoring capacity and publication of
findings demonstrate the important role of these programmes in the process of reform.
3.3 Comparison of staff and project models
Staff and project models both constitute viable options for establishing a programme
capable of supporting comprehensive monitoring efforts of extended duration within
the host state. Despite differences in organization, both types of programmes are capable of fulfilling the basic functions of trial-monitoring to obtain accurate information
regarding the functioning of the criminal justice system to further a long-term reform
process. In the OSCE, programmes of both types have monitored individual cases
for the application of domestic laws and compliance with international fair-trial standards, provided public reporting on these issues to raise awareness and effect systemic
change, and expanded the right to a public trial. Nevertheless, there are operational
issues related to different functional capacities of these programme models that should
be considered prior to selecting a model for a programme. The following chart provides
a comparative overview of some these organizational considerations.
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Trial-Monitoring: A Reference Manual for Practitioners
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