PART II
5
INTERNATIONAL
HUMAN RIGHTS
STANDARDS
To be treated with humanity and with respect for the inherent dignity of the
human person;
Not to be subjected to torture and cruel, inhuman, or degrading treatment or
punishment;
Not to be discriminated against.
Violations of these rights and conditions could be a cause for a legitimate individual complaint by, or on behalf of, a prisoner or a group of prisoners. OSCE field operations should,
however, be aware of other international organizations that may be involved in issues surrounding prison conditions, in particular the International Committee of the Red Cross
(ICRC). As a rule, OSCE field personnel should be in touch with the ICRC before undertaking action on behalf of individual prisoners.
More detailed international standards on the conditions of imprisonment can be found in
the UN Minimum Standards for the Treatment of Prisoners and the Body of Principles for
the Protection of All Persons under Any Form of Detention or Imprisonment. The
ODIHR publication Preventing Torture: A Handbook for OSCE Field Staff also includes a
substantial amount of detailed information on appropriate prison standards.
5.5
FAIR TRIALS
Under OSCE commitments, everyone is entitled to a fair trial. The commitments include
a number of specific provisions on fair trials, some of which have already been listed in this
chapter (see Section 5.4.1 on arbitrary arrest and pre-trial detention). In addition to these,
other OSCE commitments on fair trials require that:29
All people are equal before the law and are entitled without any discrimination to
equal protection of the law;
The independence of judges and the impartial operation of the public judicial
service must be ensured;
The rules relating to criminal procedure should contain a clear definition of powers
in relation to prosecution and the measures preceding and accompanying prosecution;
The trial should be held in public;
The accused has the right to defend himself or herself in person or through legal
assistance of his or her own choosing;
29 See the Copenhagen Document (1990) and the Moscow Document (1991).
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