Fair trial rights and trial monitoring during COVID-19: Expert meeting

On 4 February 2021, ODIHR will organise an online expert meeting to discuss a set of policy recommendations related to the observance of fair trial rights and trial monitoring during health emergencies such as the COVID-19 pandemic.

In this context, ODIHR has invited a group of senior experts and practitioners from judiciary, civil society and partner organisations as well as from OSCE field offices to discuss draft recommendations included in a policy guidance document that ODIHR is currently developing on the issue.

Recommendations

This policy guidance document aims to advise policymakers, representatives of the judiciary, legal professionals and NGOs on how to develop legislation and rules with the full observance of the right to a fair trial during a health emergency.

The paper expands and draws on the key findings and recommendations outlined in the ODIHR COVID-19 report and the ODIHR primer on the functioning of courts in the COVID-19 pandemic launched in 2020.

The recommendations cover various topics, including:

• safeguarding the defendants’ right to a fair trial in hearings conducted via video conference
• ensuring that the judiciary can continue to operate during health emergencies
• securing publicity of trials during a pandemic

ODIHR expects to gather valuable input from meeting participants so as to advance the process of finalising the policy guidance document.