Chapter vi  Equality of Arms and Rights to a Fair Hearing 139 (13.9) … the right to a fair ... hearing…, including the right to present legal arguments and to be represented by legal counsel of one’s choice. Concluding Document of the Vienna Meeting, Vienna 1989. The right to defend oneself stands at the core of the notion of due process and includes the following: the right to self-representation (See also 6.6.1); the right to be represented by counsel of one’s choice (See also 6.6.3, 6.6.4 and 6.6.5) and to be informed of this right (See also 6.6.2); the right to seek and give instructions from and to counsel in confidence (See also 6.6.6); and the right to receive free legal assistance (See also 6.6.7). Though the right to “defend” oneself has connotations typically associated with criminal proceedings, it is also intimately linked to the right to be heard (See also 6.5), especially to the principle of audi alteram partem (See also 6.5.1) (“hear the other side”), which is applicable to both criminal and non-criminal proceedings alike. In the context of criminal proceedings, OSCE participating States have committed themselves to ensuring that any prosecuted person will have the right to defend her/himself in person or through prompt legal assistance of her/his own choosing or, if s/he does not have sufficient means to pay for legal assistance, to be given it free when the interests of justice so require.603 6.6.1 The right to self-representation Every person is entitled to represent her/himself in judicial proceedings, which means that, in principle, a person cannot be forced to accept State-appointed counsel.604 In the context of criminal proceedings, however, this right is not absolute, which means that any restriction on the ability of a person to defend her/himself must have an objective and sufficiently serious purpose, and not go beyond what is necessary to uphold the interests of justice, including the interests of ensuring that a defendant is able to properly defend her/himself on serious charges. States should avoid adopting an absolute ban against the right to defend oneself in criminal proceedings without the assistance of legal counsel, so that every situation is assessed on its merits. As explained by the Human Rights Committee, “the interests of justice may, in the case of a specific trial, require the assignment of a lawyer against the wishes of the accused”, giving the following particular examples: • persons substantially and persistently obstructing the proper conduct of trial; • persons facing a grave charge but being unable to act in their own interests; or 603 Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, Copenhagen 1990, para 5.17. 604 Domukovsky and Others v Georgia, HRC Communications 623/1995, 624/1995, 626/1995, 627/1995, UN Docs CCPR/C/62/D/623/1995 (1998), CCPR/C/62/D/624/1995 (1998), CCPR/C/62/D/626/1995 (1998), and CCPR/C/62/D/627/1995 (1998), para 18.9.

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