Democratization: Rule of Law
Rights Defender. The ODIHR arranged for the
new human rights defender to visit the Lithuanian Parliamentary Ombudsman’s Office
to facilitate knowledge-sharing on organizational aspects and on the Lithuanian practice
in handling individual complaints with a view
to increasing the operational capacities of the
Office of the Human Rights Defender.2
Trial observation3
In recent years, trial observation has become an
increasingly important activity for the OSCE as a
whole. The ODIHR has conducted several trialobservation projects, and nearly all OSCE field
operations carry out trial-observation activities.
Trial observation is a powerful tool for collecting objective data on the functioning of the judicial system and, therefore, on the actual implementation of fair-trial standards. The findings
gained through standardized, objective procedures provide essential data on shortcomings
and needs and thereby help with the prioritization and provision of assistance. Trial observation is also an efficient tool for promoting the
right to a fair trial and improves the quality of
the administration of justice through the implementation of recommended follow-up actions
to remedy shortcomings.
OSCE field operations, especially those in
South-Eastern Europe, have a wealth of experience in trial observation, and the ODIHR
has been instrumental in ensuring that that
expertise is shared across the Organization
through periodic trial-observation co-ordination meetings.
As an outgrowth of these meetings and in
order to preserve the OSCE’s experience in the
area of trial observation, the ODIHR has begun
drafting a trial-observation reference manual.
Due to be published in 2007, the manual will
include best practices and lessons learned and
2
The ODIHR’s Human Rights Department established a Focal
Point for Human Rights Defenders and National Human
Rights Institutions in 2006. For more information, please see
p. 63.
will provide a ready resource for field operations
developing a trial-observation programme. The
purpose of the manual is to enhance the quality of trial-observation projects and thus lead to
an improvement in terms of compliance with
fair-trial standards in the courtrooms of participating States.
In 2006, the ODIHR followed discussions on
the introduction of lay assessors in a number of
participating States. Although there are no generally recognized standards on lay participation
in the administration of justice, such reforms
can have a long-term effect on the functioning of the criminal-justice sector and have serious implications in relation to the realization
of fair-trial principles. Thus, such reforms merit
a comprehensive public debate before they are
introduced and an informed discussion about
the course of implementation of the respective
laws when they come into force.
Following the adoption of the law on the
introduction of lay participation in criminal
proceedings in Kazakhstan, the ODIHR started
a project that will monitor implementation of
the law. This builds on the role that the Office
played in facilitating public debate on this issue
in 2004-2005, when the ODIHR assisted the
Kazakh authorities in organizing a series of
public events that allowed discussion of various
drafts of the law, and also presented the experience of other participating States, including
Germany, France, Russia, the United States,
and the United Kingdom.
In the framework of this new project, 21
monitors were trained to monitor jury trials
throughout the country in 2007. In addition to
the trial-monitoring component, the ODIHR
and a team of monitors will analyse media coverage of the reform and other practical steps
that are needed to integrate the new system
into the existing justice model. The project,
which was welcomed by Kazakhstan’s Supreme
Court, will enter its practical stage in 2007,
when the adopted law comes into force.
3
The ODIHR’s Human Rights Department also carries out
trial-monitoring activities. For more information, please see
p. 57.
26
Annual Report
Strengthening defence lawyers
The ODIHR supports continuing legal education
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