Documents library
Opinion on the Draft Criminal Procedure Code of the Kyrgyz Republic
Publishing date: 19 June 2015
Collections: Legal Opinions and Comments
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization
Publisher: Organization for Security and Co-operation in Europe
While the Opinion welcomes a number of improvements to the criminal procedural rules in the Kyrgyz Republic, it also provides a number of recommendations to amend or supplement the Draft Criminal Procedure Code, in order to: 1. effectively prevent and combat torture and other forms of ill-treatment during the criminal justice process; 2. improve the system of juvenile justice; 3. clarify the rules on the inadmissibility of evidence; and 4. ensure a more effective protection of the rights of the suspect or accused at each stage of the criminal proceedings.
Opinion on the Draft Law on Access to Information of the Republic of Kazakhstan and on Related Amendments to Other Legislative Acts
Publishing date: 29 May 2015
Collections: Legal Opinions and Comments
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization
Publisher: Organization for Security and Co-operation in Europe
In April 2015, the Parliament of the Republic of Kazakhstan requested OSCE to provide legal expertise on draft legislation on access to information. For a number of years, the Mazhilis (lower chamber) of the Parliament of the Republic of Kazakhstan has been in the process of drafting a new Law on Access to Information. OSCE/ODIHR has issued Opinions on previous drafts of this legislation in 2010 and in 2012. In its latest Opinion, ODIHR notes that the new draft Law constitutes an improvement to earlier draft versions, and incorporates a number of ODIHR’s previous recommendations. At the same time, there is a need to ensure that no information is categorically excluded from being accessed, and that at the same time, all necessary grounds for limitation of access to information are included.
Promoting and Increasing Youth Political Participation and Civic Engagement in the OSCE Region
Publishing date: 7 May 2015
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization
Publisher: Organization for Security and Co-operation in Europe
In an effort to address the challenges that youth face in relation to political participation, the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) organized two Youth Leadership Forums (Forums) in 2014. The Forums were held within the framework of the project, titled “Promoting and increasing youth political participation and civic engagement in the OSCE region”. The Forums brought together almost 100 experts and young leaders from 37 OSCE participating States including politicians, journalists, civil servants, civil society, media representatives and online activists. The purpose of the events was to discuss how the OSCE and its institutions can better assist participating States in meeting their commitments on promoting the inclusion of youth in democratic processes. Forum participants discussed the challenges to democratic institutions and youth political participation.
Fifth Expert Forum on Criminal Justice for Central Asia: Final Report
Publishing date: 26 March 2015
Collections: Expert Forums on Criminal Justice for Central Asia
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization, Rule of law
Publisher: Organization for Security and Co-operation in Europe
The Expert Forum aimed to offer participants the opportunity to discuss and to exchange experiences and good practices related to the current criminal justice and judicial reforms in the region. During the six plenary sessions and four working groups, participants discussed the following issues: investigative measures at the pre-trial stage, the use of preventive measures including alternatives to detention, rules of evidence, the status and role of defence lawyers, jury trials, the division of offences in the criminal sphere, plea bargaining and abbreviated procedures, and the impact of justice actors’ gender on justice delivery.
Joint Opinion on the Draft Law on the Prosecution Service of the Republic of Moldova
Publishing date: 23 March 2015
Collections: Legal Opinions and Comments
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization
Publisher: Organization for Security and Co-operation in Europe
OSCE/ODIHR, the Venice Commission and DG I welcome the Draft Law, which represents, overall, a substantial improvement of the current Law regulating the operation of the Moldovan Prosecution Service and reflects a genuine effort to modernize the existing legal framework, in line with relevant European standards and best practices. It appears to be of good technical and structural quality, and it deals in detail- although in some cases in a too detailed manner- with many important aspects of the functioning of the Prosecution Service. The opinion recommended, however, to provide a more precise and narrow delineation of the powers of the Prosecution Service outside of criminal law; to include more precise provisions on the internal independence of prosecutors and related safeguards; to include a specific mechanism for the dismissal of the Prosecutor General; to reconsider the proposed provisions with respect to prosecutors in the Autonomous Territorial Unit (ATU) of Gagauzia and to ensure that the Transitional Provisions provide for the appropriate harmonization of the provisions of the Draft Law with those of the Code of Criminal Procedure and any other relevant legislative provisions.
Role of Domestic Jurisdictions in the Implementation of International Humanitarian Law (IHL)- Law and Practice
Publishing date: 23 February 2015
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization, Rule of law
Publisher: Organization for Security and Co-operation in Europe
Assessment of the Legislative Process in Georgia (January 2015)
Publishing date: 30 January 2015
Collections: Legal Opinions and Comments
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization
Publisher: Organization for Security and Co-operation in Europe
Based on a Memorandum of Understanding, signed between the OSCE/ODIHR and the Parliament of Georgia on 24 February 2014, the OSCE/ODIHR has conducted an assessment of the legislative process in Georgia, a situational analysis of both the formal procedures and the actual practices in Georgia that apply to the preparation, drafting, enactment, publication, communication and evaluation of legislation. The assessment report discusses the salient aspects of the legislative drafting / law making process in the country and identifies the existing concerns and risks as well as a number of goals to be achieved in order to enable the law-making system to function in a more effective, transparent and efficient way.
Opinion on the Draft Law of Ukraine on Police and Police Activities
Publishing date: 1 December 2014
Collections: Legal Opinions and Comments
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization
Publisher: Organization for Security and Co-operation in Europe
Opinion on the Draft Law of Ukraine on Police and Police Activities (1 December 2014) notes that this Draft Law contains many positive aspects which correspond to international standards and good practices. Certain areas, however, would benefit from improvement: • the provisions of the Draft Law on the roles and responsibilities of individual police authorities/units, and on inter-agency cooperation mechanisms should be improved and clarified. • the Draft Law should enhance accountability of the police by including clear and independent complaints mechanisms, and should introduce specific provisions to ensure that key human rights standards are followed. • further discussions on the Draft Law should be conducted with all relevant stakeholders from different parts of society, and the Draft Law itself should undergo a proper and realistic impact assessment, including a full financial impact assessment.
Women and political participation in Malta
Publishing date: 17 November 2014
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization, Gender equality
Publisher: Organization for Security and Co-operation in Europe
The objective of this paper is to outline the level of political participation of Maltese women in local councils, national and European parliaments. When the level of participation of women in these political structures falls drastically below that of Maltese men – as in the case of national elections- this paper sets out to delineate what obstacles might prevent women’s representation at this level and what might need to be done to ensure that more women are elected. The paper takes into consideration the six possible areas of intervention proposed by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) in the baseline study entitled “Gender equality in elected office: a six-step action plan” (Norris and Krook, 2011), namely constitutional rights, electoral system, legal quotas, party rules and recruitment procedures, capacity development and parliamentary reform.
Opinion On the Law on the Bureau on Prevention and Combating of Corruption of Latvia
Publishing date: 17 November 2014
Collections: Legal Opinions and Comments
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization, Rule of law
Publisher: Organization for Security and Co-operation in Europe
At the outset, the OSCE/ODIHR notes that the Law generally complies with international anti-corruption standards, as well as with relevant OSCE commitments. Some improvements may be considered, in particular: • no outside body or actor should control or influence the Bureau; • limiting the appointment of the Head of Bureau to a single term; • creation of one or more advisory committees; • mechanisms of the Bureau should be strengthened in the course of its investigations.