PART II  Commitments Relating to Human Rights that are Applicable to All 115 (5.17) - any person prosecuted will have the right to defend himself in person or through prompt legal assistance of his own choosing or, if he does not have sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (5.18) - no one will be charged with, tried for or convicted of any criminal offence unless the offence is provided for by a law which defines the elements of the offence with clarity and precision; (5.19) - everyone will be presumed innocent until proved guilty according to law; (…) (12) The participating States, wishing to ensure greater transparency in the implementation of the commitments undertaken in the Vienna Concluding Document under the heading of the human dimension of the CSCE, decide to accept as a confidence building measure the presence of observers sent by participating States and representatives of non-governmental organizations and other interested persons at proceedings before courts as provided for in national legislation and international law; it is understood that proceedings may only be held in camera in the circumstances prescribed by law and consistent with obligations under international law and international commitments. Ljubljana 2005 (Decisions: Decision No. 12/05 on Upholding Human Rights and the Rule of Law in Criminal Justice Systems) The Ministerial Council, (…) Recognizing that rule of law must be based on respect for internationally recognized human rights, including the right to a fair trial, the right to an effective remedy, and the right not to be subjected to arbitrary arrest or detention, Recognizing that an impartial and independent judiciary plays a vital role in ensuring due process and protecting human rights before, during and after trials, Recognizing that defence lawyers play a critical role in ensuring the right to a fair trial and in the furtherance and protection of other human rights in the criminal justice system, (…) Helsinki 2008 (Decisions: Decision No. 7/08 on Further Strengthening the Rule of Law in the OSCE Area) The Ministerial Council, (…) 4. Encourages participating States, with the assistance, where appropriate, of relevant OSCE executive structures in accordance with their mandates and within existing resources, to continue and to enhance their efforts to share information and best practices and to strengthen the rule of law, inter alia in the following areas: • (…) effective administration of justice, right to a fair trial, access to court, accountability of state institutions and officials, respect for the rule of law in public administration, the right to legal assistance (…)