129. The Complainants further aver that, this lack of independence and impartiality of the Supreme State Security Emergency Court has been identified and criticized by the Human Rights Committee when it expressed its „alarm‟ at the fact that “that Military Courts and State Security Courts have jurisdiction to try civilians accused of terrorism although there are no guarantees of those Courts‟ independence and their decisions are not subject to appeal before a higher Court.”55 130. With regards to the right to a counsel, as enshrined in Article 7(1) (c) of the African Charter,56 the Complainants contend that this right which underpins several others, such as freedom from ill-treatment and the right to prepare a defense,57 should be observed during all stages of criminal prosecution “including preliminary investigations in which evidence is taken, periods of administrative detention, trial and appeal proceedings.”58 They submit that in proceedings relating to criminal charges, legal representation is the “best means of legal defence against infringements of human rights and fundamental freedoms”.59 They also argue that in cases involving capital punishment, it is axiomatic that the accused must be effectively assisted by a lawyer at all stages of the proceedings”.60 131. They refer the African Commission to its decision in the matter of Malawi African Association and Others v. Mauritania,61 the Complainants submit that the right to counsel in Article 7 refers to the right to counsel of the detainee or 55 Human Rights Committee, Concluding Observations on Egypt, UN doc. CCPR/CO/76/EGY (2002), para. 16 (b). 56 Art. 7(1) of the Charter guarantees “the right to defence, including the right to be defended by counsel of his choice.” 57 Amnesty International and others v. Sudan, para. 64. 58 Id, Sec N(2)(c). 59 Principles and Guidelines on Fair Trial, Sec N(2)(a). 60 Human Rights Committee, General Comment No. 32 on Article 14: Right to equality before courts and tribunals and to a fair trial, UN doc. CCPR/C/GC/32 (2007), para. 38. 61 See Malawi African Association v. Mauritania para. 96. 36