Civil and Political Rights
pa rt II
or imprisoned person nor any complainant will suffer prejudice for making a request or
complaint;
(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:
á Part II. 2.4: Rule of Law
á Part II. 3.1.4: Freedom from Arbitrary Arrest or Detention
á Part 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;
OSCE Human Dimension Commitments 103
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