Human Rights That Are Applicable to All
pa rt II
Copenhagen 1990
(5.15) - any person arrested or detained on a criminal charge will have the right, so that
the lawfulness of his arrest or detention can be decided, to be brought promptly before a
judge or other officer authorized by law to exercise this function;
(…)
Moscow 1991
(23.1) The participating States will ensure that
(i) no one will be deprived of his liberty except on such grounds and in accordance with
such procedures as are established by law;
(ii) anyone who is arrested will be informed promptly in a language which he understands of the reason for his arrest, and will be informed of any charges against him;
(iii) any person who has been deprived of his liberty will be promptly informed about
his rights according to domestic law;
(iv) any person arrested or detained will have the right to be brought promptly before
a judge or other officer authorized by law to determine the lawfulness of his arrest or
detention, and will be released without delay if it is unlawful;
(…)
(vi) any person arrested or detained will have the right, without undue delay, to notify
or to require the competent authority to notify appropriate persons of his choice of his
arrest, detention, imprisonment and whereabouts; any restriction in the exercise of this
right will be prescribed by law and in accordance with international standards;
(vii) effective measures will be adopted, if this has not already been done, to provide
that law enforcement bodies do not take undue advantage of the situation of a detained
or imprisoned person for the purpose of compelling him to confess, or otherwise to
incriminate himself, or to force him to testify against any other person;
(viii) the duration of any interrogation and the intervals between them will be recorded
and certified, consistent with domestic law;
(ix) a detailed person or his counsel will have the right to make a request or complaint
regarding his treatment, in particular when torture or other cruel, inhuman or degrading treatment has been applied, to the authorities responsible for the administration
of the place of detention and to higher authorities, and when necessary, to appropriate
authorities vested with reviewing or remedial power;
(x) such request or complaint will be promptly dealt with and replied to without undue
delay; if the request or complaint is rejected or in case of inordinate delay, the complainant will be entitled to bring it before a judicial or other authority; neither the detained
102 OSCE Human Dimension Commitments
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