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Copenhagen 1990
(5.4) - a clear separation between the State and political parties; in particular, political parties
will not be merged with the State;
(5.5) - the activity of the government and the administration as well as that of the judiciary will be exercised in accordance with the system established by law. Respect for that system
must be ensured;
(5.6) - military forces and the police will be under the control of, and accountable to, the civil authorities;
(5.7) - human rights and fundamental freedoms will be guaranteed by law and in accordance
with their obligations under international law;
(5.8) - legislation, adopted at the end of a public procedure, and regulations will be published,
that being the condition for their applicability. Those texts will be accessible to everyone;
(5.9) - all persons are equal before the law and are entitled without any discrimination to the
equal protection of the law. In this respect, the law will prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground;
(5.10) - everyone will have an effective means of redress against administrative decisions, so as
to guarantee respect for fundamental rights and ensure legal integrity;
(5.11) - administrative decisions against a person must be fully justifiable and must as a rule
indicate the usual remedies available;
(5.12) - the independence of judges and the impartial operation of the public judicial service
will be ensured;
(5.13) - the independence of legal practitioners will be recognized and protected, in particular
as regards conditions for recruitment and practice;
(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;
(5.20) - considering the important contribution of international instruments in the field
of human rights to the rule of law at a national level, the participating States reaffirm that
they will consider acceding to the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights and other relevant international instruments, if they have not yet done so;
(5.21) - in order to supplement domestic remedies and better to ensure that the participating States respect the international obligations they have undertaken, the participating States
will consider acceding to a regional or global international convention concerning the protection of human rights, such as the European Convention on Human Rights or the Optional
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