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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