No one will be tried for any criminal offence unless the offence is provided for by a law that defines the elements of the offence with clarity and precision;  Everyone will be presumed innocent until proven guilty. There are extensive other standards for fair trials in other international instruments, including in the ICCPR and the ECHR. The principle of a public hearing gives a general right for trial monitors to attend the proceedings. In addition to this general principle, OSCE participating States have explicitly committed themselves to accept the presence of observers at proceedings before courts, specifically including observers sent from other participating States, representatives of nongovernmental organizations, and other interested persons.30 The existence of this open invitation as part of the body of OSCE commitments provides a legitimate basis for OSCE field operations to attend trials in individual cases, including if they have received an individual complaint that a person’s right to a fair trial is being violated. However, it is permissible under international instruments to exclude the public from all or part of a trial for reasons of morals, public order, national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.31 5.6 TOLERANCE AND NON-DISCRIMINATION OSCE commitments on non-discrimination are very comprehensive. The first such commitments were included in the Helsinki Final Act, but they were subsequently expanded and have been repeatedly reaffirmed. In the Concluding Document of the Vienna Third Follow-up Meeting, for example, the participating States pledged to “ensure human rights and fundamental freedoms to everyone within their territory and subject to their jurisdiction, without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status”.32 More recently, the Istanbul Summit Declaration of 1999 committed participating States “to abstain from any form of discrimination”.33 The Istanbul reference proscribing discrimination on “any” basis may be regarded as going a step beyond previous formulations, which included lists, since the lists were sometimes interpreted as limited. The Istanbul formula prohibits, for example, discrimination on the basis of sexual orientation. 30 31 32 33 Copenhagen Document (1990), Paragraph 12. Copenhagen Document (1990), Paragraph 12 Paragraph 13.7. This is also the exact formulation found in Article 2 of the UDHR and Article 2 of the ICCPR. Paragraph 2. 51 5