ANNUAL REPORT 2003
Human Rights
with international safeguards, while also facilitating the ex-
The ODIHR conducted activities in Kazakhstan throughout
change of information about the abolition of the death
the past year to promote discussion on the death penalty.
penalty. Transparency means that information on the identi-
This included a televised national debate, which was co-
ty of individuals sentenced to death or executed should be
funded by the ODIHR, and a publication on the legislation
made public. In addition, statistics and information on the
and statistics relating to the death penalty nationwide.
incidence of death sentences and executions should periodThe ODIHR, the OSCE Centre in Almaty, and the Kazakh Bu-
ically be made available to the public.
reau for Human Rights and Rule of Law organized an intenAs a forum for participating States to make such information
available, the ODIHR produces an annual publication entitled
The Death Penalty in the OSCE Area, which is published in
advance of the Human Dimension Implementation Meeting.
It is intended to provide a comparative overview of the use of
the death penalty throughout the OSCE region based upon
information provided by the participating States themselves.
sive four-day training session for non-governmental organizations
and
representatives
of
state
bodies
called
“Information Campaign on the Abolition of the Death
Penalty in Kazakhstan: Strategy and Techniques” in Almaty
from 25 to 28 February. As a follow-up to the training session, selected participants took part in the national information campaign on the issue of the death penalty launched by
the government in 2003.
Despite this effort, some of the participating States that retain the death penalty remain reluctant to make statistics on
As a positive subsequent development, Kazakhstan intro-
death sentences and executions freely available. A number
duced a moratorium on executions in December 2003,
of OSCE participating States continue to treat information
which will remain in effect until a final decision on abolition
on the death penalty as a state secret, a practice that clearly
is reached.
contradicts their OSCE commitments.
OSCE commitments and international human rights law
Fair trials
place a number of safeguards on the use of the death penalty, which is only legitimate if these obligations are met. In
The right to a fair trial comprises a set of distinct yet interre-
particular, participating States must ensure that trials leading
lated rights and is enshrined in numerous international and
to the imposition of the death penalty comply with both na-
regional human rights instruments. In recognition of the
tional and international fair-trial standards. Throughout
fundamental nature of the right to a fair trial, the OSCE par-
2003, the ODIHR co-operated with OSCE field missions to
ticipating States have committed themselves to allow na-
monitor compliance with international safeguards, a task
tional and international observers to monitor trials.
that has proven to be particularly difficult in those states that
continue to treat the death penalty as a state secret.
ODIHR trial-monitoring activities have been developed on
the basis of this commitment and aim to encourage compli-
OSCE participating States have committed themselves to
keep the question of capital punishment open and to exchange information on the abolition of the death penalty. In
order for public debate on abolition to be meaningful, members of the general public must have access to information
on the legal, political, and moral arguments both for and
against the death penalty. In co-operation with OSCE field
missions, the ODIHR facilitates the exchange of information
on the abolition of the death penalty by organizing conferences and media events.
ance with national and international fair-trial standards and
ultimately to increase the transparency of, and public confidence in, the legal system.
The ODIHR's trial-monitoring programme is implemented in
co-operation with governments and OSCE field missions.
The programme is used to train members of civil society in
national and international fair-trial standards and trial-monitoring methodology and to co-ordinate their subsequent
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