_ p,.CHP� . ' . I, ,,/, ACHPR African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility victims from having access to competent courts, they deprive victims of their right to have their case heard" . 44 144. In determining violations caused by the refusal to reopen the case and give the aggrieved party 'an opportunity to present his defence' in Dino Noca v DRC, the Commission held the view that the final judgment which rejected an obligation to reopen the proceedings to hear the position of Dino Noca deprived him of the right to have his case heard. 45 145. Enhancing the guarantees of Article 3 in relation to judicial matters, Article 7 protects the right to access to the courts et equality before the courts. The essential elements of fair trial include: "equality of all persons before any judicial body without any distinction whatsoever as regards race, .colour, ethnic origin, sex, gender, age, religion, creed, language, political or other convictions; national or social origin, means, disability, birth, status or other circumstances" 46 (emphasis added). Equality before the law must be ensured before any judicial body and in any legal proceedings.47 146. The principle of equality before the courts means that every person appearing before a court has the right not to be discriminated against either in the course of the proceedings or in the way the law. is applied to the concerned person. The principle of equality also means that all persons must have equal access to the courts. In 016 Bahamonde v. Equatorial Guinea, the UN Human Rights Committee held "a situation in which an individual's attempts to seize the competent jurisdictions of his/her grievances are systematically frustrated runs counter to the guarantees of article 14, paragraph 1 [of the ICCPR]".48 147. The Complainant contends that the new reform that was ushered in by the Court Rules 2000 is suggestive of all litigants enjoying rights to access to the Courts in Mauritius with or without an attorney being retained and this without leave of the Court or that of the Judge in Chambers in terms of article 3 [of the Court Rules 2000]. He maintains that the judicial process has moved to unrestrained procedural 44 Communication 286/2004, n26 above, paras 192. 45 Communication 286/2004, n26 above, paras 197-199. 46 ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Afri A(2)(b). 47 As above, section A(2)(b) &(c). s Communication No. 468/1991, A. N. 016 Bahamonde v. Equatorial Guinea (Views adopted o UN doc. GAOR, A/49/40 (vol. II), p. 187, para. 9.4. 4 ..,�-;r.,. Atrican(-."i Union\-!t Page 34 of 45 African Commission on Human an .-..�,•-31 Bijilo Annex Layout, Ko West Coas Phone: (220) 230 4361 Fax: Email: au-banjul@africa-union.org https:/achpr.au.int/0 C> a "