Ensuring fair trial rights in the aftermath of the Covid-19 pandemic the focus of ODIHR event
Criminal justice and technology experts discussed rule of law challenges arising from the Covid-19 pandemic together with civil society representatives at an event held by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) on 5 October 2022. The event took place in the margins of the Warsaw Human Dimension Conference.
While the pandemic is largely under control today, OSCE participating States still face challenges in ensuring the right to a fair trial, the participants noted.
“The continuous use of online hearings in situations where fair trial rights cannot be guaranteed should stop,” said Karine Simonsen, ODIHR Rule of Law Officer. “At the same time, states need to work on developing clear and foreseeable emergency rules and legislation to be used in the case of future public health emergencies.”
The experts highlighted good practices from ODIHR’s “Fair Trial Rights and Public Health Emergencies” policy brief developed in the wake of the pandemic. This provides tailored recommendations to policymakers and the judiciary on how to respect the right to a fair trial and to administer the justice system during public health emergencies. In particular, it notes the importance of confidential attorney-client communication during online hearings and of accessible remote technologies for victims and witnesses.
Protecting human rights and fundamental freedoms remains an obligation of states under international law even during public emergencies, which is also reflected in the commitments made by all OSCE countries (Moscow Document, 1991). In view of this, steps taken by the Council of Europe to move towards digitalizing justice in line with the European Convention of Human Rights were highlighted as a positive practice. At the national level, civil society can participate in both proposing adequate legislation and ensuring that states meet the standards they have set for themselves.
“Respect for the right to a fair trial and access to justice must be guaranteed by law,” said Anara Ibrayeva, Director of the “Dignity” Public Association in Kazakhstan. “Partnership with civil society organizations working on rule of law issues can help state authorities improve both legislation and judicial practice.”