Following these initial changes, however, some countries began considering the idea
of reintroducing lay assessors. In some cases, the argument for this return centred on a
widespread distrust of the judiciary, allegations of corruption, judicial dependence on
the executive branch, or on the lack of transparency in the making of judicial decisions.
In Russia, the fact that jury trials were used prior to the 1917 Revolution also contributed
to this renewed interest.
Russia was the first post-Soviet country to take this step, reintroducing jury trials in 1993.
As a result, there have been improvements: defence lawyers have better standing in
criminal proceedings; there is more procedural balance between the defence and the
prosecution; and rules related to the admissibility of evidence have begun to work in
practice.
Since Russia’s return to jury trials, other post-Soviet countries, including Azerbaijan,
Georgia, Kyrgyzstan, and Ukraine, have considered the possibility of taking this step. In
2005, Kazakhstan adopted a new law calling for mixed courts of judges and lay assessors. This law will be implemented beginning in January 2007.
The reintroduction of lay participation in criminal proceedings can have a serious impact on the administration of justice and the rule of law. On the one hand, it can help to
further democratize judicial systems that have often been viewed as corrupt and unjust.
Reform, however, should avoid the return of “nodders”, which would further undermine
public trust in the judiciary. In addition, the reintroduction of lay participation needs
to be seen in the broader context of its role in the entire criminal-justice system. If the
prosecution and defence are not ensured equality of arms, if the judiciary depends on
the executive, and if jurors or lay assessors are unable to make independent decisions,
then such a system would hardly perform any better than its predecessor.
With this in mind, the ODIHR has facilitated discussions in Kazakhstan and Kyrgyzstan
on both the means of reintroducing lay participation and the possible consequences of
doing so. These discussions have included the sharing of experiences from those OSCE
states that have jury trials, including expertise from Russia.