defendant‟s choice and argues that where the accused either had no access, or
only restricted or delayed access, to lawyers, there is a violation of Article 7(1)
(c). They contend that this right guarantees the right to timely and
confidential consultations with that counsel.62
132. The Complainants further argue that although the European system has
recognized that in certain exceptional circumstances it may be necessary to
limit the right to counsel, such restrictions can only be allowed if they are no
more than strictly necessary and do not hinder the fairness of the
proceedings.63 The Complainants refer the African Commission to the case of
Ocalan v. Turkey, where the court held inter alia that the denial of access to a
lawyer for ten days during interrogations, “a situation where the rights of the
defence might well be irretrievably prejudiced”, interfered with the fairness
of the proceedings and violated the defendant‟s human rights.64
133. In the instant matter, the Complainants state that none of the Victims had
lawyers present at the critical early interrogation stage. They argue that on 23
November 2004 a group of human rights lawyers submitted a specific request
to the Public Prosecutor‟s Office (registered under number 16332) to legally
represent a number of individuals, including the First Victim but received no
response. They submit that the First Victim was denied representation at
interrogations for a period of 5 months until 24 March 2005 and the Second
and Third Victims had no access to counsel until 26 March 2006, when they
first appeared in court.
62
As noted by the Human Rights Committee in relation to the right to a lawyer under the ICCPR “[c]ounsel should be able to
meet their clients in private and to communicate with the accused in conditions that fully respect the confidentiality of their
communications. Furthermore, lawyers should be able to advise and to represent persons charged with a criminal offence in
accordance with generally recognised professional ethics without restrictions, influence, pressure or undue interference from
any quarter” (Human Rights Committee, General Comment No. 32 (above, n. 60), para. 34.
63
See Öcalan v. Turkey (above n. 43), para. 131; Murray v. United Kingdom (Appl. no. 18731/91), ECHR (Grand Chamber),
Series A, No. 300-A, para. 63.
64
Öcalan v. Turkey, para. 131.
37