Moscow 1991
(21.1) - take all necessary measures to ensure that law enforcement personnel, when
enforcing public order, will act in the public interest, respond to a specific need and
pursue a legitimate aim, as well as use ways and means commensurate with the circumstances, which will not exceed the needs of enforcement;
(21.2) - ensure that law enforcement acts are subject to judicial control, that law enforcement personnel are held accountable for such acts, and that due compensation may be
sought, according to domestic law, by the victims of acts found to be in violation of the
above commitments.
(22) The participating States will take appropriate measures to ensure that education
and information regarding the prohibition of excess force by law enforcement personnel as well as relevant international and domestic codes of conduct are included in the
training of such personnel.
(23) The participating States will treat all persons deprived of their liberty with humanity and with respect for the inherent dignity of the human person and will respect the
internationally recognized standards that relate to the administration of justice and the
human rights of detainees.
(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;
(v) anyone charged with a criminal offence will have the right to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to
pay for legal assistance, to be given it free when the interests of justice so require;
(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;
114 OSCE Human Dimension Commitments
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