84 Human Rights in Counter-Terrorism Investigations rights standards. Safeguards that apply during detention should be equally respected in case of preventive detention and include the prohibition of arbitrariness, the existence of a legal basis stating the grounds for and procedures of such detention, the notification to the suspect of the reasons and grounds of detention, the judicial control, and the potential compensation in case of a human rights breach. 85 8687888990 91 84 OSCE commitments and international human rights law provide guarantees for suspects in detention that, if adhered to, protect them against such violations. These safeguards refer to the following rights: • • • • • • Prohibition of torture and other cruel, inhuman or degrading treatment or punishment;86 Right to be promptly informed about one’s rights according to domestic law;87 Right to notify appropriate persons of one’s choice of one’s arrest, detention, imprisonment and whereabouts;88 Right to be brought promptly before a judge to determine the lawfulness of one’s arrest;89 Right to legal counsel of one’s choice;90 and Obligation of the state to secure medical attention.91 These rights apply at all stages of the legal process, from the moment of detention. Local laws must give full effect to them. 84 85 86 87 88 89 90 91 See for example, Dick Marty, “Alleged secret detentions and unlawful inter-state transfers involving Council of Europe member States. Draft Report – Part II (Explanatory memorandum)”, Council of Europe Parliamentary Assembly, Committee on Legal Affairs and Human Rights, 7 June 2006, AS/Jur (2006) 16 Part II, <http://assembly.coe.int/committeedocs/2006/20060606_ejdoc162006partii-final.pdf>. HRC, General Comment No. 8, op. cit., note 71, para. 4. OSCE commitments and international standards, op. cit., note 21. OSCE Moscow Document, op. cit., note 21; ICCPR, Article 9; and ECHR, Article 5. Ibid. OSCE Copenhagen and Moscow Documents, op. cit., note 21; ICCPR, Article 9.4; ECHR, Article 5.4; and ADRDM, Article 15. OSCE Vienna and Copenhagen Documents, op. cit., note 21; ICCPR, Article 14; ECHR, Article 5; and CFREU, Article 47. OSCE Ministerial Council, Ministerial Declaration, “Brussels Declaration on Criminal Justice Systems”, Brussels, 5 December 2006, <http://www.osce.org/mc/23017>; ICCPR, Article 9; and ECHR, Article 5.