A deprivation of liberty qualifies as arbitrary detention when it is carried out by law enforcement officials (or other agents of the state) by methods that are not established by law. Detentions may also be termed arbitrary if the law itself is arbitrary or if the law is enforced in an arbitrary manner, as well as when someone is imprisoned following an unfair trial. Under OSCE commitments, persons who are detained or arrested have, inter alia, the following rights:27  To be treated with humanity and with respect for the inherent dignity of a human being;  To be informed promptly in a language he or she understands of the reason for the arrest and the charges;  To be informed of his or her rights under domestic law;  To be brought promptly before a judge;  To have legal assistance of his or her own choosing, or to be given free legal assistance;  To notify others of his or her detention or arrest and whereabouts;  Not to be compelled to confess or incriminate himself or herself or to be forced to testify against others;  To have a legally enforceable right to seek compensation for unlawful arrest or detention. Similar, and in some cases more stringent, standards exist in other international instruments such as the ICCPR and the ECHR, which are legally binding on those states that have ratified them. There are additional standards of treatment applicable to women and juveniles. If any of the rights listed above has been violated, it would provide a legitimate basis for an individual complaint. For more detailed information on detention, see Pre-trial Detention in the OSCE Area.28 5.4.2 IMPRISONMENT Prisoners, i.e., those convicted of a crime and serving a sentence, should be able to expect a humane and decent prison regime, including at least a minimum level of hygiene, food, clothing, bedding, exercise, and other adequate physical conditions. Prisoners also have certain rights under OSCE and other international standards, including: 27 See the OSCE Vienna Document (1989), the Copenhagen Document (1990), and the Moscow Document (1991). 28 OSCE/ODIHR Background Paper 1999/2, September 1999, prepared for the OSCE Review Conference, available from ODIHR in book form or on the ODIHR website at http://www.osce.org/odihr. 49 5