ANNUAL REPORT 2003 Democratization Rule of Law ODIHR Director Christian Strohal (left) visited Sardar Jalaloglu in prison in Baku on 20 November. Jalaloglu, Executive Secretary and Deputy Chairman of the Democratic Party of Azerbaijan, was detained following the presidential election on 15 October. countries in the former Soviet Union and from Eastern Eu- Prison reform rope to discuss how to improve implementation of existing To develop longer-term reform in criminal-justice systems, alternative-sentencing legislation in Belarus. the ODIHR conducted a number of projects in 2003 in the area of prison reform, including in pre-trial detention and alternative sentencing. The ODIHR has also been working with 2. Fair trials authorities in Central Asia and the Caucasus on the demilitarization of prisons, calling for prisons to be transferred The right to a fair trial is a fundamental human right. Fair tri- from the authority of the Ministry of Interior to the Ministry als are impossible without appropriate procedural safe- of Justice. This transfer has been achieved, at least partially, guards and guarantees. They also require access to profes- in most countries in the region. sional legal advice and representation. The ODIHR assists participating States to adopt and enforce legislative frame- As part of its ongoing assistance to reform criminal-justice works that ensure fair trials and improve access to legal serv- systems, the ODIHR also implemented a prison-service train- ices. The ODIHR also works with legal communities to en- ing programme to assist governments in Central Asia and hance the capacity of legal professionals. the Caucasus improve the functioning of their prison systems with a view to compliance with international stan- The ODIHR started a new programme in Kazakhstan in the dards. This programme involved the training of prison-serv- fall of 2003 to provide basic skills training to lawyers. ice employees in human rights standards and taking steps to Through this programme, the ODIHR is assisting in a practi- improve security and the treatment of prisoners. Through cal way to improve basic lawyering skills and thereby im- these programmes, the Office also encourages greater con- prove the quality of legal services that people receive. At the tacts between prison officials within the region, e.g., a sum- same time, the Office has been an advocate for structural mer school was conducted in 2003 for participants from change in legal systems that would enable lawyers to effec- throughout Central Asia. In addition, the ODIHR has also tively defend their clients (see box on p. 27). been an advocate for reform at the political level. The ODIHR has also co-operated with other international 3. Rule of law and non-governmental organizations to introduce alternatives to imprisonment and to decriminalize certain offences A key factor underlying the failure to implement laws is the in order to reduce the prison population - a precondition for attitude of the population, including civil society, towards successful prison reform. In 2003, the Office began working law and its role in society. It is this attitude, often one of fail- for alternative sentencing in Belarus. A conference was con- ing to see law as a positive development and of failing to see ducted in November, bringing together experts from other the legal system as a legitimate forum for resolving disputes, 21