In the main OSCE relevant documents, there are no specific commitments regarding legal recourse for migrants. Each person enjoys in OSCE standards the same rights, including the ones relating to legal recourse.

In paragraph 23 of the Moscow 1991 document, participating States affirm that they will treat all persons deprived of their liberty with humanity and with respect for the inherent dignity of the human person and will respect the internationally recognized standards that relate to the administration of justice and the human rights of detainees. In paragraph in 23.1 they add that anyone who is arrested will be informed promptly in a language which s/he understands of the reason for her/his arrest, and will be informed of any charges against him/her. Point (iv) states that any person arrested or detained will have the right to be brought promptly before a judge or other officer authorized by law to determine the lawfulness of his arrest or detention, and will be released without delay if the arrest is unlawful and (v) anyone charged with a criminal offence will have the right to defend him/herself in person or through a legal counsel of his/her own choosing or, if s/he has not sufficient means to pay for legal assistance, to be provided with free legal assistance when the interests of justice so require.

The same commitments are reaffirmed in the Copenhagen 1990 document, where paragraph 5.19 states that everyone will be presumed innocent until proved guilty according to law. In paragraph 5.21, in order to supplement domestic remedies and better ensure that participating States respect the international obligations they have undertaken, participating States commit to consider acceding to regional or global standards concerning the protection of human rights, such as the European Convention on Human Rights or the Optional Protocol to the International Covenant on Civil and Political Rights, which provide for procedures of individual recourse to international bodies.

The concept of the rule of law is a cornerstone of the OSCE human rights framework and is enshrined in major OSCE documents. It bridges standards and principles about individual human rights with the institutional framework and structure of a participating State. Based on this concept, the Rule of Law Unit of the ODIHR is engaged in several technical assistance projects, designed to foster the rule of law and the respect for human rights in OSCE States; it seeks to support the respect of such principles and standards in the administration of justice, inter alia by training of judges, prosecutors, lawyers as well as police and correctional officers. The Unit also undertakes legal reform and legislative review projects in order to help OSCE States in bringing domestic laws in line with OSCE commitments and other recognized international standards. The ODIHR also gives support to the enhancement of legal education in the field of human rights by supporting law schools and legal clinics.

OSCE also sponsors workshop and seminars on legal issues in those countries who ask for them.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.