* Belarus trials highlight need for substantial justice reform, OSCE human rights chief says

WARSAW, 10 November 2011 – The trials conducted in the aftermath of the 19 December 2010 presidential election in Belarus highlighted the need for a substantial reform of the country’s justice system, Ambassador Janez Lenarčič, the Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) said today following the publication of a report on the findings of ODIHR’s trial monitors.

From March to July, ODIHR observed 12 trials involving a total of 41 defendants, including five presidential candidates, who had been charged for their participation in a demonstration in Minsk on election night.

“Our monitoring revealed a number of significant concerns in the application of fair trial standards,” Lenarčič said. “These concerns point to systemic shortcomings in Belarus’ justice system that need to be addressed.”

Lenarčič stressed that ODIHR stands ready to work with the Belarusian authorities in addressing the identified shortcomings and expressed the hope that the recommendations included in the report will be considered seriously.

The 114-page report noted pervasive influence of the executive in judicial proceedings and structural bias in favour of the prosecution that contributed to a 100 per cent conviction rate in the monitored trials.

Significant concerns also emerged over the right to the presumption of innocence, and the failure of judges to follow up allegations that statements were obtained under duress, intimidation, inhuman treatment and possibly torture. Defence motions to exclude evidence based on alleged maltreatment were ignored or denied.

Judges relied heavily on written pre-trial witness affidavits instead of oral testimonies, which in many cases deprived defendants of their right to examine witnesses.

The authorities made an effort to ensure the right to a public hearing by allowing access to the trials for members of the public and the media. But the exclusion of some non-governmental observers and the lack of public access to verdicts contradicted public trial standards.

The right to defence was respected insofar as every defendant was represented at trial by counsel. But the exercise of this right was hampered by the revocation of licences of some defence counsel, and some lawyers were denied access to their clients for prolonged periods while they were held in the KGB detention centre.

The report includes 33 detailed recommendations on how to address these shortcomings.

The full report is available in English at http://www.osce.org/odihr/84873 and in Russian at http://www.osce.org/ru/odihr/84874.

* Head of OSCE Mission in Kosovo condemns killing in Mitrovicë/Mitrovica

PRISHTINË/PRIŠTINA, 10 November 2011 – The Head of the OSCE Mission in Kosovo, Ambassador Werner Almhofer, condemned today the killing of a Kosovo Serb and the wounding of two others in northern Mitrovicë/Mitrovica last night.

“I convey my deepest condolences to the family of Savo Mojsić, and wish a speedy recovery to Veljko Đorđević and Radoš Vukićević,” said Almhofer.

“Use of violence is unacceptable. Too many lives have been lost in Kosovo over the last two decades, and this must stop. I appeal to all people in Kosovo to remain calm and to allow law enforcement to do their work,” he stated.

The shooting incident occurred following a reported altercation between Kosovo Serbs and Kosovo Albanias. Vukićević was one of the Kosovo police officers who responded to the incident.

The OSCE Mission in Kosovo promotes human rights of all people and communities living in Kosovo.

For PDF attachments or links to sources of further information, please visit: http://www.osce.org/kosovo/84877

* Mediators and observers on Transdniestrian settlement visit Chisinau and Tiraspol

CHISINAU, 5 November 2011 – The mediators and the observers in the Transdniestrian settlement process, who concluded a two-day visit to meet the political leadership in Chisinau and Tiraspol today, welcomed the decision of the sides to accept the invitation of the OSCE Chairperson-in-Office to meet in Vilnius on 30 November-1 December for the first official 5+2 meeting following a nearly six years hiatus.

In Chisinau, the mediators and observers met with Speaker of the Moldovan Parliament and Acting President Marian Lupu, Prime Minister Vlad Filat, Minister of Foreign Affairs and European Integration Iurie Leanca, and Chief Negotiator Eugen Carpov. In Tiraspol, they held meetings with the Transdniestrian leader Igor Smirnov, the leadership of the Supreme Council, Political Representative Vladimir Yastrebchak.

Ambassador Giedrius Čekuolis, the Special Representative of the OSCE Chairperson-in-Office for protracted conflicts, reiterated his support for the agreement reached on 22 September to restart official 5+2 negotiations, saying: “We cannot afford to lose time and the positive momentum created in Moscow. I welcome today’s acceptance by the sides of the invitation of the OSCE Chairperson-in-Office, Lithuanian Foreign Minister Audronius Ažubalis, to meet in Vilnius for the first official 5+2 meeting.”

The 5+2 format consists of the sides, mediators and observers in the Transdniestrian settlement process – the OSCE, Russian Federation, Ukraine, the US, and the EU. The participants in the Moscow meeting in September agreed that the first official 5+2 meeting would be devoted to a discussion of principles and procedures for the official negotiating process.

For PDF attachments or links to sources of further information, please visit: http://www.osce.org/cio/84791