9
Foreword
The right to a fair and public trial by a competent, independent and impartial tribunal established by law, along with other due process guarantees, is an integral part of the Human
Dimension commitments as affirmed by OSCE participating States.1 The States have
acknowledged the importance of trial monitoring as a tool “to ensure greater transparency
in the implementation of these commitments” and have agreed “to accept as a confidence
building measure the presence of observers […] at proceedings before the courts”.2
The Legal Digest of International Fair Trial Rights aims at building the capacity of legal
practitioners to conduct professional trial monitoring by providing them with a comprehensive description of fair trial rights coupled with practical checklists based on the experience
of OSCE trial monitoring operations.
OSCE field operations and the OSCE Office for Democratic Institutions and Human Rights
(ODIHR) have already developed a significant wealth of substantive knowledge and practical experience in this area. ODIHR has taken up the role of systematizing and harmonizing
this know-how in line with its mandate to “enhance the collection and preservation of past
and present expertise.”3 The Legal Digest of International Fair Trial Rights is an important
step in this direction, and this publication represents an important contribution to building
the institutional memory of the OSCE.
Practitioners involved in trial monitoring, among them OSCE staff, are the primary beneficiaries of the Legal Digest. Moreover, ODIHR undertakes to reach out to NGOs and to disseminate the Legal Digest widely among civil society. ODIHR is also developing a training
1
Concluding Document of the Vienna Meeting, Vienna 1989, para 13.9; Document of the Copenhagen
Meeting of the Conference on the Human Dimension of the CSCE, Copenhagen 1990, para 5.12 to 5.19.
2
Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE,
Copenhagen 1990, para 12.
3
Common Responsibility, commitments and implementation, (Warsaw: OSCE Office for Democratic
Institutions and Human Rights, 2006) page 74, in fine, Report which was submitted to the OSCE
Ministerial Council in response to the OSCE Ministerial Council, Decision No. 17/05, “Strengthening
the Effectiveness of the OSCE”, within OSCE Ministerial Council Document, Thirteenth Meeting of the
Ministerial Council, Ljubljana, 5–6 December 2005, para 2.