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Civil and Political Rights
PART II
(xi) anyone who has been the victim of an unlawful arrest or detention will have a legally enforceable right to seek compensation.
3.1.5 Right to a Fair Trial
See also:
§ II. 2.4: Rule of Law
§ II. 3.1.4: Freedom from Arbitrary Arrest or Detention
§ II. 3.1.6: Right to Effective Remedies
Vienna 1989 (Questions Relating to Security in Europe: Principles)
[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:
• the right of the individual to appeal to executive, legislative, judicial or administrative
organs;
• the right to a fair and public hearing within a reasonable time before an independent and
impartial tribunal, including the right to present legal arguments and to be represented by
legal counsel of one’s choice;
• the right to be promptly and officially informed of the decision taken on any appeal, including the legal grounds on which this decision was based. This information will be provided
as a rule in writing and, in any event, in a way that will enable the individual to make effective use of further available remedies.
Copenhagen 1990
(5) [The participating States] solemnly declare that among those elements of justice which are
essential to the full expression of the inherent dignity and of the equal and inalienable rights
of all human beings are the following:
(…)
(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;
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