(registered under number 16332) to legally represent a number of
individuals, including the First Victim, whose names had appeared in the
local press as chief suspects in the Taba bombings‟ investigation. The lawyers
received no response.
The First Victim was denied representation at
interrogations for a period of 5 months until 24 March 2005. The Second and
Third Victims had no access to counsel until 26 March 2006, when they first
appeared in court.
211.
Moreover, even at the beginning of the trial, all three were denied the
opportunity to consult with counsel privately, in order to prepare their
defence. The lawyer client communication, as alleged by the Complainants
and not refuted by the Respondents, took place through bars of the court
room, in the presence of and within earshot security officials. The African
Commission therefore finds that the complete denial of access to counsel
before their appearance in court and the restrictive access thereafter violated
the right to counsel and the right to a defence (see below) under Article 7(1)
(c).127
212.
Furthermore, in interpreting Article 7 of the African Charter, the
African Commission has stated that “any confession or other evidence
obtained by any form of coercion or force may not be admitted as evidence or
considered as probative of any fact at trial or in sentencing.” 128 In Malawi
African Association V. Mauritania, this Commission has held that “any
confession or admission obtained during incommunicado detention shall be
considered to have been obtained by coercion.”129
213.
These principles correspond with other international human rights
norms, addressed in relation to torture and ill-treatment, under which
127
See Malawi African Association v. Mauritania (above, n. 40), para. 96.
128
Principles and Guidelines on Fair Trial (above n. Section N(6)(d)(1).
129
Ibid., Section N(6)(d)(1).
65
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات