DEMOCRATIZATION 15
ACTIVITIES
RULE OF LAW AND LEGAL
REFORM
With the Copenhagen document,
OSCE participating States confirmed
that the Rule of Law extends beyond
formal legality and embraces the overall concept of “justice based on the
recognition and full acceptance of the
supreme value of the human personality and guaranteed by institutions
providing a framework for its fullest
expression”. On this basis, ODIHR
assists participating States to improve
their judicial institutions, legislation,
and lawmaking procedures and performance, in line with international standards and OSCE commitments. With
legal reform on the agenda in participating States across the OSCE region
in 2016, ODIHR’s support encouraged
reform processes to be open, inclusive, transparent, participatory and
in compliance with rule of law and
human rights principles.
Exploring key factors for judicial
independence, accountability and
diversity
In 2016, ODIHR expanded its work on
judicial independence and accountability to consider the influence and benefit from greater equality and diversity
in the judiciary. Legal professionals,
academics and civil society experts
explored gender, diversity and the judiciary, discussing the benefits and challenges of equal opportunity policies,
representation, and effective participation. An expert roundtable, on 6 and 7
October in Warsaw, proposed recommendations for enhancing ODIHR’s
support to civil society and OSCE field
operations. The Human Dimension
Seminar on 22 November in Warsaw
considered these issues further, and
they will remain an ODIHR priority
in 2017, given their implications for
access to justice and fair-trial rights.
Promoting the right to a fair trial
and trial monitoring
Notwithstanding participating States’
commitments to fair-trial guarantees,
in 2016 ODIHR observed an erosion of
fair-trial standards across the region.
Exceptional circumstances, including
perceived threats from unprecedented migration flows or the fight against
terrorism, have been used as justifications for derogation from fair-trial
guarantees.
Part of ODIHR’s response included
the organization of an expert meeting
to explore the implications of states
of conflict or emergency on fair-trial
rights, held in Warsaw on 27 and 28
October 2016. Participants, around
30 academics, legal professionals and
representatives of civil society and
international organizations, made a
number of recommendations, including to strengthen holistic approaches integrating the three dimensions
of security, when working to uphold
fair-trial rights during states of conflict
or emergency.
Building on previous years’ experience, in 2016 ODIHR responded
to several requests for training and
presentations on fair-trial rights and
trial monitoring, delivering training
on ODIHR’s trial monitoring methodologies to over 100 legal professionals, civil society representatives,
and OSCE field staff. ODSIHR also
continued the established event of the
Annual Trial Monitoring Meeting (first
initiated in 2002). The 2016 even was
held in Tirana from 14 to 17 of June
and gathered around 50 participants,
from seven OSCE field operations
Angela Patrick, a barrister with Doughty Street Chambers, U.K., participating in a working group
during an ODIHR meeting focusing on the implications of states of conflict or emergency on fair
trial rights, 27 - 28 October 2016, Warsaw. (OSCE/Maria Kuchma)
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