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OSCE Presence publishes interim report on development of fair trials in Albania
TIRANA 14 February 2005
TIRANA, 14 February 2005 - The OSCE Presence in Albania has today released an Interim Report following nine months of observation of homicide, trafficking and armed robbery cases at the Tirana District Court and, after its establishment in January 2004, at the First Instance Court for Serious Crimes.
The core of the report presents a legal analysis of the trials observed, based on international and domestic fair trial standards, followed by a criminological review of organized crime cases and practical recommendations. The report also explains the structure of the project itself and the institutional and legal framework. It covers the period from October 2003 to July 2004.
It concludes that, due to shortcomings in information management, the right to a public trial is not fully guaranteed. Moreover, frequent postponements, related to the failure of participants to appear in court sessions, impair the defendant's right to be tried within a reasonable time. The arrangement of courtrooms does not meet security standards, particularly with regard to ensuring witness protection and in general the courtrooms are not suited for trials involving a large number of attendees.
The report marks the end of the first phase of the Presence's Fair Trial Development Project., aimed at increasing transparency in court practices and raising trial standards. This is in accordance with the Presence's mandate in the field of rule of law and human rights, to encourage legal institutions to develop rules promoting more transparency.
After the completion in December 2005 of the second phase of the project, which includes cases related to human rights and cases of importance for democratic development tried by the district courts, the Presence will issue its final report.
The core of the report presents a legal analysis of the trials observed, based on international and domestic fair trial standards, followed by a criminological review of organized crime cases and practical recommendations. The report also explains the structure of the project itself and the institutional and legal framework. It covers the period from October 2003 to July 2004.
It concludes that, due to shortcomings in information management, the right to a public trial is not fully guaranteed. Moreover, frequent postponements, related to the failure of participants to appear in court sessions, impair the defendant's right to be tried within a reasonable time. The arrangement of courtrooms does not meet security standards, particularly with regard to ensuring witness protection and in general the courtrooms are not suited for trials involving a large number of attendees.
The report marks the end of the first phase of the Presence's Fair Trial Development Project., aimed at increasing transparency in court practices and raising trial standards. This is in accordance with the Presence's mandate in the field of rule of law and human rights, to encourage legal institutions to develop rules promoting more transparency.
After the completion in December 2005 of the second phase of the project, which includes cases related to human rights and cases of importance for democratic development tried by the district courts, the Presence will issue its final report.