Publications

The execution of sanctions is the final piece that closes the entire process of adjudication in criminal procedure. The lack of proper sanctions enforcement through a clear, understandable and fair procedure, the incomplete legal framework, as well as the inconsistent practice of the courts at the four appellate regions in North Macedonia, contributes to the negative public perception, especially in “high profile” cases. The Mission, in cooperation with the national Judges’ Association and the Skopje Basic Criminal Court, developed an Analysis of the practical problems of the procedure for execution of sanctions, addressing the legislative gaps and providing concrete legislative solutions. The Analysis includes diverse court practices from the appellate regions and recommends practical approaches to overcome certain challenges. Not available in English.

During the implementation of the current LCP, during trial monitoring activities and over discussion with national legal practitioners, it became obvious that one of the weaknesses among legal practitioners is the adequate use of expert opinions, expert witnesses and technical advisors as a tool for representing facts as evidence in Court, and their effective, efficient and financially justified conduct in accordance with the rules and principles of the national criminal procedure. The Law on Expertise, as lex specialis needs to be understood in the context of the LCP and the purpose of the expert witnesses during a criminal case trial. Therefore, the OSCE Mission to Skopje supported the drafting of this Guidebook for legal practitioners including positive and negative examples from the national court practice, ECtHR jurisprudence and additional elaborations of the novelties in the Law on Expertise.

The execution of judgments of the European Court of Human Rights represents a significant and complex process that involves numerous actors involved in the execution itself or in the supervision of the execution, which may complicate and slow down the implementation of any measures and activities that should lead to the effective execution of the judgments. The training curricula was developed in co-operation with the national Academy for Judges and Public Prosecutors (AJPP). It was specifically designed for the current and future judges and public prosecutors attending training at the AJPP. Not available in English.

The publication was developed in co-operation with the national Academy for Judges and Public Prosecutors. It analyzes the individual measures of execution of judgements European Court of Human Rights (ECtHR). The publication focuses on re-examination of a case or a reopening of proceedings following judgment of the ECtHR under which a violation of the European Convention of Human Rights is established, as one of the means to achieve the so- called restitutio in integrum. Not available in English.

The publication was developed in co-operation with the national Academy for Judges and Public Prosecutors. It analyzes the general execution measures and evaluates the current situation with the execution of judgments of the European Court of Human Rights (ECtHR) in cases against North Macedonia. It also identifies the changes, which have been done or are yet to be done as part of the process of execution of those judgments, detecting the key challenges in practice. Not available in English.

The publication was developed in co-operation with the national Academy for Judges and Public Prosecutors. It offers a general overview of the process of execution of judgments of the European Court of Human Rights (ECtHR): it explains the role of the Committee of Ministers at the Council of Europe; elaborates on the so-called general and individual measures of execution and reviews the national legal framework concerning the execution of judgments of the ECtHR. Not available in English.

This publication was prepared in co-operation with the National Commission for Combating Trafficking in Human Beings and Illegal Migration and the Academy for Training of Judges and Public Prosecutors “Pavel Shatev” with an aim to help all competent authorities and professionals dealing with trafficking in human beings and trafficking in children to properly apply of the principle on non-punishment of victims. The Guidelines are intended as a practical tool for those responsible for detection, prosecution and adjudication of these serious crimes and those responsible for prevention, identification and provision of support to victims as well as civil society to ascertain the preconditions for non-punishment of victims. This publication is not available in English.

The Guidebook on Reasonable Accommodation, developed by the OSCE Mission to Skopje, is a systematized and analytical review of the legal institute of reasonable accommodation for persons with disabilities. The publication is based on consideration of existing definitions and legal interpretation set forth in the Convention on the Rights of Persons with Disabilities, as well as in the existent domestic law, international and national case law of courts and various human rights treaty bodies, but also in academic and grey literature. Types of reasonable accommodation addressing particularly the needs of women and girls with disabilities were especially elaborated. Not available in English.

This publication reflects on civil and political rights, including the right to life and prohibition of torture, the right to fair trial, the right to equality and prohibition of discrimination, the right to freedom of thought, conscience and religion, the right to freedom of expression, and the right to freedom of assembly and association. The aim of the publication is to provide assistance to legal practitioners, the judiciary and academia regarding the implementation of those human rights and fundamental freedoms, and to provide them with practical tools to identify human rights violations. The publication is not available in English.

The Mission, together with the National Anti-Trafficking Commission, the Bureau for Development of Education, the Skopje-based NGO Open Gate ‒ La Strada, and UNITAS Fund Serbia, launched the #OpenYourEyes campaign aiming to raise awareness of the dangers of human trafficking among young people through the use of new technologies.