Article 13 – Right to an effective remedy Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity. C. The Organization for Security and Co-operation in Europe (OSCE) CONCLUDING DOCUMENT OF VIENNA : THE THIRD FOLLOW UP MEETING (19 JANUARY 1989) (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; hey 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. DOCUMENT OF THE COPENHAGEN MEETING DIMENSION OF THE CSCE (29 JUNE 1990) OF THE CONFERENCE ON THE HUMAN (5.10) - everyone will have an effective means of redress against administrative decisions, so as to guarantee respect for fundamental rights and ensure legal integrity; (5.11) - administrative decisions against a person must be fully justifiable and must as a rule indicate the usual remedies available; (5.12) - the independence of judges and the impartial operation of the public judicial service will be ensured; (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; 32

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