Human Rights
k Death penalty: OSCE participating States have
committed themselves to keeping the question
of capital punishment open and to exchanging information on abolition of the death penalty. Some of the participating States that retain
the death penalty continue to treat information on capital punishment as a state secret, and
the level of public discourse on the use of the
death penalty is often limited. OSCE commitments and international human rights law place
a number of safeguards on the use of the death
penalty, such as the requirement to ensure that
trials leading to the imposition of the death penalty comply with national and international fairtrial standards. In some participating States,
there are concerns about the imposition of the
death penalty following trials that fail to comply
with fair-trial standards.
k Fair trials1: In some countries of the OSCE
region, there are persisting concerns with regard
to compliance with international fair-trial standards that are raised by national and international
actors. These concerns relate to the independence of the judiciary from executive authorities, the effectiveness of legal representation
and access to legal aid, and compliance with the
principle of equality of arms during trial proceedings, in particular the need for lawyers and
prosecutors to ensure the adversarial nature
of proceedings. There are also concerns about
public access to trials: available reports highlight
widespread problems with public access to trial
schedules, to venues where trials are conducted,
and to final court decisions.
Activities
In the field of human rights, the ODIHR has
three structural objectives:
1. To collect, analyse, and disseminate information with regard to implementation of OSCE
commitments relating to human rights and fundamental freedoms, and through this process
1
Please see Rule of Law on pp. 27-28 for more information on
the ODIHR’s work on fair trials.
52
to contribute to early warning, conflict prevention, and improving the human rights situation
across the OSCE region;
2. To strengthen and support national structures
and institutions tasked to promote and protect
human rights in OSCE participating States; and
3. To strengthen the capacity of the OSCE as an
organization to assist the participating States
in protecting human rights and fundamental
freedoms by providing support and expertise to
OSCE structures, including field operations.
The ODIHR conducted activities in the following areas in 2005:
k Monitoring compliance with human dimension commitments;
k Ensuring respect for human rights in the fight
against terrorism;
k Human rights training and education;
k Trafficking in human beings: respecting victims’ rights; and
k Women’s rights and security.
I. Monitoring compliance with human
dimension commitments
Trial-monitoring
Trial monitors assess the fairness of court proceedings and whether they comply with OSCE
commitments and other international standards. Trial-monitoring is concerned only with
the fairness of a trial, not with the guilt or innocence of the accused. The information gathered
through monitoring trials can form a basis for
reform efforts, as well as feed into institutionbuilding projects conducted by the ODIHR and
other international organizations.
In 2005, the ODIHR continued trial-monitoring activities in Kazakhstan and Kyrgyzstan as
part of a two-year project funded by the European Commission that was launched in 2004.
Since their initial training, monitors have been
observing criminal cases in local and regional
courts in both countries in order to gather information about the compliance of court practices
with fair-trial guarantees, particularly the right
to a fair and public hearing, equality of arms,
ANNUAL REPORT 2005
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