Democratization: Rule of Law
It is expected that the OPCAT will enter into
force in 2006 following its 20th ratification. The
ODIHR will continue its involvement in this
process.
II. Fair trials
The right to a fair trial involves a range of minimum standards that touch on nearly every
aspect of the criminal-justice system: the independence of the judiciary; access to competent legal counsel; and certain procedural safeguards, such as granting the accused the right to
a public trial within a reasonable period of time,
granting the right to appeal, and informing the
accused of any decisions taken.
A trial that fails to meet even one of these criteria may be deemed unfair. Thus, in its efforts
to see that judicial systems are capable of guaranteeing fair trials, the ODIHR takes a comprehensive approach. The ODIHR offers assistance
to states to ensure that their legislative frameworks are conducive to guaranteeing fair trials
by enshrining all of the necessary safeguards.
It also conducts activities aimed at reforming
the defence bar and improving the professional
skills of lawyers. The ODIHR also recognizes the
positive role of trial-monitoring programmes in
identifying and reporting systematic shortcomings in the administration of justice.
the American Bar Association’s Central European and Eurasian Law Initiative, the ODIHR
initiated dialogue with partners in Azerbaijan to
ensure that the law is implemented.
In Kyrgyzstan, the ODIHR made two assessments of the draft law on defence lawyers. In
October, the ODIHR, together with the parliament and other interested parties, organized
a roundtable to discuss the draft. Discussions
focused on the status of advocates and ensuring
independence of the proposed new bar while
maintaining professional ethical standards and
effective disciplinary procedures.
In Kazakhstan, the ODIHR also reviewed new
amendments to the law on defence lawyers that
concern reform of access to the bar, disciplinary
proceedings, and the organizational structure
of the bar. During the Supplementary Human
Dimension Meeting on the Role of Defence
Lawyers in Guaranteeing a Fair Trial, in November, a number of recommendations were made
with respect to bar reform that could be implemented in Kazakhstan. The ODIHR plans to
organize an international conference on reform
of the bar in Kazakhstan in 2006.
In Armenia, the ODIHR followed the implementation of the new law on advocates and
also monitored the unification of two former
bodies into the newly established Chamber of
Advocates.
Reforming the defence bar
Where the defence bar is not an open institution
that freely admits new members on a regular
basis, there will inevitably not be enough lawyers to counsel those in need of legal assistance.
The ODIHR has been an advocate for bar
reform in order to improve access to legal
advice. Its assistance takes the form of expert
recommendations, legislative review, or simply initiating much-needed discussion among
all interested parties, including the non-governmental sector. In addition, the ODIHR has also
encouraged the development of professional
skills among lawyers.
In Azerbaijan, the ODIHR has been observing implementation of the new law on advocates. Along with the OSCE Centre in Baku and
ANNUAL REPORT 2005
Professional development
The ODIHR encourages the creation of continuing legal education programmes that allow
defence lawyers to regularly update their professional knowledge and improve their skills. In
2005, the ODIHR worked with defence lawyers
in Kazakhstan on improving the professionalism of bar members. A group of Kazakh trainers
who completed an ODIHR training programme
the year before conducted more than 90 hours
of seminars to improve the professional legal
skills of their less experienced colleagues in the
Almaty City Collegium of Advocates. In Kyrgyzstan, the ODIHR provided support to the
Youth Human Rights Group, a national NGO
that implements an advanced training course
27
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