Democratization: Rule of Law
ing that no part of the legal system stands alone,
and that each institution is interconnected and
interrelated, the ODIHR focuses on some key
priority areas, including:
k Strengthening defence lawyers: Access to a lawyer who can provide competent professional legal
services is a fundamental part of ensuring protection of human rights, particularly the right to a fair
trial. In many participating States, defence lawyers have insufficient procedural rights to effectively defend their clients. The ODIHR emphasizes the need to ensure access to legal counsel
and to strengthen the role of defence lawyers in
criminal proceedings throughout the OSCE area.
k Introduction of jury trials: Several countries in the
OSCE region have been discussing the possibility of introducing jury trials in criminal cases.
This reform is seen by many in post-Soviet states
as a catalyst for improving the professionalism of
all elements in the criminal-justice system and
ensuring equality of parties in criminal proceedings, presumption of innocence, and better protection from unlawful investigative actions. The
ODIHR has facilitated discussions about jury
trials and the sharing of experiences between
participating States about different models of
lay participation in criminal trials.
k Transferring authority to sanction arrest: In some
participating States, prosecutors, not judges,
have the authority to sanction arrests. International human rights instruments and OSCE
commitments require that the decision to keep
someone in custody must be made by an independent judiciary. This is seen as an important fair-trial guarantee and a safeguard against
potential mistreatment in custody.
Activities
The ODIHR conducted activities in 2005 under
two main programmes:
k Criminal-justice reform; and
k Fair trials.
ANNUAL REPORT 2005
Within this framework, the ODIHR implements activities in OSCE participating States
in Central and Eastern Europe, South-Eastern
Europe, and Central Asia. The Office uses expertise from a variety of sources, stressing good
practices developed in various OSCE participating States. Where appropriate, the ODIHR relies
on experts from states that have had comparable experiences. Included in this pool are a large
number of experts from the Russian Federation
on criminal-justice reform and related issues.
The ODIHR also encourages exchanges of
experience and expertise. For example, the
formation of an Office of the Human Rights
Defender in Armenia created an opportunity
where an exchange of experience could have
an immediate impact. The ODIHR organized
exchange visits in 2005 for staff from the Armenian Office to the Office of the Polish Ombudsman and the Office of the Lithuanian Parliamentary Ombudsman.
Co-operation with OSCE field operations
is vital, as those on the ground in the relevant
countries are able to react quickly to developments in governmental policies or to cases that
require OSCE involvement. The ODIHR cooperates with a strong network of governmental
and non-governmental partners, which is a fundamental aspect of all of its fieldwork.
I. Criminal-justice reform
In many states of the former Soviet Union and
South-Eastern Europe, criminal-justice systems are being reformed in order to meet relevant international standards and OSCE
commitments.
All reform efforts in the area of criminal justice should be comprehensive, since all the individual parts of the system must work together.
In 2005, the participating States recognized the importance
of work in the area of criminal-justice reform through
Ljubljana Ministerial Decision No. 12 on “Upholding Human
Rights and the Rule of Law in Criminal Justice Systems”. The
participating States agreed to increase attention to this
area in 2006.
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