• Human Rights Defenders in the OSCE Region
paying particular attention to the Basic Principles on the Independence of the Judiciary,
which, inter alia, provide for:
(…)
(iii) protecting the judiciary’s freedom of expression and association, subject only to
such restrictions as are consistent with its functions;
(…)
(21) The participating States will:
(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.
(…)
(24) The participating States reconfirm the right to the protection of private and family
life, domicile, correspondence and electronic communications. In order to avoid any
improper or arbitrary intrusion by the State in the realm of the individual, which would
be harmful to any democratic society, the exercise of this right will be subject only
to such restrictions as are prescribed by law and are consistent with internationally
recognized human rights standards. In particular, the participating States will ensure
that searches and seizures of persons and private premises and property will take place
only in accordance with standards that are judicially enforceable.
(…)
(43) The participating States will recognize as NGOs those which declare themselves
as such, according to existing national procedures, and will facilitate the ability of
such organizations to conduct their national activities freely on their territories; to
that effect they will
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