Human Rights That Are Applicable to All
pa rt II
(5.14) - the rules relating to criminal procedure will contain a clear definition of powers
in relation to prosecution and the measures preceding and accompanying prosecution;
(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;
(5.16) - in the determination of any criminal charge against him, or of his rights and
obligations in a suit at law, everyone will be entitled to a fair and public hearing by a
competent, independent and impartial tribunal established by law;
(5.17) - any person prosecuted will have the right to defend himself in person or through
prompt legal assistance of his own choosing or, if he does not have sufficient means to
pay for legal assistance, to be given it free when the interests of justice so require;
(5.18) - no one will be charged with, tried for or convicted of any criminal offence unless
the offence is provided for by a law which defines the elements of the offence with clarity and precision;
(5.19) - everyone will be presumed innocent until proved guilty according to law;
(…)
(12) The participating States, wishing to ensure greater transparency in the implementation of the commitments undertaken in the Vienna Concluding Document under the
heading of the human dimension of the CSCE, decide to accept as a confidence building measure the presence of observers sent by participating States and representatives
of non-governmental organizations and other interested persons at proceedings before
courts as provided for in national legislation and international law; it is understood that
proceedings may only be held in camera in the circumstances prescribed by law and
consistent with obligations under international law and international commitments.
3.1.6 Right to Effective Remedies
See also:
á Part II. 2.4: Rule of Law
á Part II. 3.1.4: Freedom from Arbitrary Arrest or Detention
á Part II. 3.1.5: Right to a Fair Trial
Vienna 1989 (Questions Relating to Security in Europe: Principles)
(13) (…) [the participating States] will
(…)
(13.9) - ensure that effective remedies as well as full information about them are available to those who claim that their human rights and fundamental freedoms have been
violated; they will, inter alia, effectively apply the following remedies:
104 OSCE Human Dimension Commitments
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