/ / p.CHP#l - � ,' ·, \'' -\ / I . ACH PR African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility 140. The Commission has held that a violation of Article 3(2) needs to show that 'the Respondent State had not given the Complainant the same treatment it accorded to the others. Or that, the Respondent State had accorded favourable treatment to others in the same position as the Complainant'.42 141. In the present instance, the Commission finds that, by refusing the Complainant the right to litigate in person which is not refused to the representative of the State and can only be afforded by individuals with the necessary means, in terms of Rule 3 of the Court Rules 2000 and the 1 July 2011 ruling, the Respondent State is in violation of article 3(2) of the Charter. Alleged violation ofArticle 7 142. Article 7 provides as follows: 1 . Even; individual shall have the right to have his cause heard. This comprises: (a) The right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) The right to be presumed innocent until proved guilty by a competent court or tribunal; (c) The right to defence, including the right to be defended by counsel of his choice; (d) The right to be tried within a reasonable time by an impartial court or tribunal. 2. No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender. 143. The right to fair trial is of utmost importance. Parties to a trial must be afforded due process. The Commission provided further clarification on the meaning of Article 7 in Kenneth Good v. Republic of Botswana, in which it asserted that the right to be heard requires that the Complainant should enjoy unrestricted access to a court of competent jurisdiction to have his case heard.43 The Commission considered that "when the authorities put impediments in the way to prevent 42 Communication 294/04, n30 above, para 101. 43 Communication 313/05 - Kenneth Good v Republic of Botswana (ACHPR) para 16 Communication 286/2004, n26 above, paras. 191. Ati�nr�, Union\!¥ Page 33 of 45 "> African Commission on Human an 31 Bijilo Annex Layout, Korn West Coas Phone: (220) 230 4361 Fax: Email: au-banjul@afn https:/achpr.au.i nt/0 0 a '