004012
160.
The Respondent State submits that, in appeal, it is superfluous to re-notify the
charges, the notification or the right to information having been satisfied at the
preliminary inquiry or before the court. It asserts that the Applicant was notified of
the role of CRIET as it was clearly stated that he was being prosecuted for "highrisk international drug trafficking". It alleges that in practice, the elements of a
criminal case are not portable, but rather are to be requested, and that it is up to
each party, at its own expense, to request from the registry , either the transmission
of the documents on file, or the possibility of consulting the file on the spot.
***
161.
The Court notes that, in all proceedings, even more so in criminal cases, the
purpose of notification of charges is to enable the accused to be informed of the
nature of the charges brought against him to enable him to properly prepare his
defence. The right to acquire knowledge of the record of proceedings is also an
important aspect of the right to a fair trial and is related to the right to defence, more
particularly the principle of equality of arms between the parties . Courts therefore
have an obligation to strike a fair balance between the parties with a view to
enabling them to be aware of and comment on all the evidence tendered by the
adverse party.
162.
The Court notes that, in this case, the Respondent State does not contest that,
before CRIET, not only did the Applicant not receive the file but also that his
lawyers were refused on-site consultation. In the circumstances, the Court
considers that the Applicant was deprived of the opportunity to be fully informed of
the proceedings and of the charges levelled against him and to understand the
stakes involved in the case. The Court also considers that mentioning the role of
the Court before which the Applicant was arraigned for "high-risk international drug
trafficking offence" is not sufficient to relieve the court of the obligation to disclose
the record, regardless of whether or not such record is portable or is available on
request. The Court finds that, in so doing, CRIET totally deprived the Applicant of
the facilities necessary for preparation and presentation of his arguments in
I