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Good Governance and the Rule of Law

The concept of rule of law forms a cornerstone of the OSCE's human rights and democratization activities. It not only describes formal legal frameworks, but also aims at justice based on the full acceptance of human dignity. It ties in closely with the establishment of democratic, accountable state institutions.

In recent years, the Helsinki Commission has paid particular attention to rule-of-law violations in countries including Russia and Azerbaijan, and throughout Central Asia.

 

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    THE CRISIS IN POLAND AND ITS EFFECTS ON THE HELSINKI PROCESS

    Monday, December 28, 1981

    This hearing focused on the events in Poland, resulting from martial law, as direct violations of the human rights and other provisions of the Final Act and to determine what can be done to preserve human rights gains in that beleaguered country. It is clear now that the aim of this harsh crackdown was the suppression of the Polish workers' movement, Solidarity, as well as the rollback of the unprecedented political reforms and social renewal which that movement had stimulated during the past 16 months. Also discussed was the strategic importance of Poland to the U.S.S.R. and how these developments may show signs of vulnerabilities among the Soviet states.

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    Soviet Violation of Helsinki Final Act: Invasion of Afghanistan

    Wednesday, July 22, 1981

    Attendees at this hearing, over which Commissioner Dante B. Fascell presided, discussed the December 1979 invasion of Afghanistan by the former Soviet Union, an invasion that ran counter to international law due to Afghanistan’s status as sovereign and independent. The set of agreements that the Soviet Union signed on to in 1975 with 34 other countries (i.e. the Helsinki Final Act) incorporated rights inherent in a country’s sovereignty, refraining from the threat or use of force, the rights of peoples to self-determination, and acceptance of international conduct principles. In short, the Soviet Union’s invasion and attempted occupation of Afghanistan had struck at the very heart of these principles, and its invasion had severely damaged the international climate and greatly damaged East-West relations.

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    Implementation Of The Helsinki Accords Vol. VIII – U.S. Compliance: Human Rights

    Tuesday, April 03, 1979

    Commissioner Claiborne Pell and others in attendance, in this series of hearings, looked at their own country’s record on the Helsinki Final Act of 1975. This hearing signified the first time that a state belonging to the Organization for Security and Cooperation in Europe (OSCE), or the “Conference,” had looked at its own record in such a manner, taking into account criticism by other signatories and private domestic monitoring groups, no less. This series of hearings’ purpose was to ascertain progress accomplished, learn what more needs to be achieved, and proclaim a reaffirmation of the U.S. commitment to the Helsinki Final Act’s full implementation.

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    Soviet Law and the Helsinki Monitors

    Tuesday, June 06, 1978

    Between February 3, 1977 and June 1, 1978, twenty Soviet citizens active in the defense of human rights in five different Republics were arrested and imprisoned; two others, traveling abroad on Soviet passports, were stripped of their citizenship and denied the right to return to the USSR. All are members of the Public Groups to Promote Observance of the Helsinki Agreement in the USSR (the Soviet Helsinki Watch) or, in the case of two men, of its subsidiary Working Commission to Investi­gate the Abuse of Psychiatry for Political Purposes. The twenty-one men and one woman are being punished under a variety of different criminal charges. Their "crime," however, is identical: political dissent, ex­pressed in the non-violent, open effort to spur Soviet authorities to implement the human rights and humanitarian undertakings of the August 1975 Final Act of the Conference on Security and Cooperation in Europe (the Helsinki Accord.) The following study by the staff of the U. S. Commission on . Security and Cooperation in Europe examines the workings of Soviet law and criminal procedure as applied in these cases of political dissent. It discusses the guarantees of Soviet law, including international covenants ratified by the USSR, against arbitrary arrest and unfair trial and compares those to the practices used against the Helsinki Watchers. From the study it is evident that those guarantees -- both substantive and procedural -- have been repeatedly violated in the persecution and prosecution of the twenty-two human rights activists. The violations uncovered range from improper conduct of pre-arrest house searches through illegally prolonged pre-trial detention to unlawful denial of the rights of the defense at the trial. This pattern of official conduct toward free, but dissenting political expression is not new in the Soviet Union. In the treatment of the Soviet Helsinki Watch, however, it has been systematic and can be termed, without question, a gross and intentional violation of both the pledges in the Final Act and the safeguards promised by the Soviet Constitution, Criminal Codes and Codes of Criminal Procedure.

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