ACHPR African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility violate the Complainant's right to defence as provided for under article 7(1)(c) of the Charter. Alleged violation of Article 26 160. The Complainant alleges violation of Article 26 of the Charter which provides: "State Parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter." 161. Compliance with the duty imposed onto the State under Article 26 is paramount to ensuring respect for the rule of law and fair trial rights. The Commission has buttressed the significance of the Article 26 duty in Zimbabwe Lawyers for Human Rights and Institute for Human Rights and Development in Africa (on behalf ofAndrew Barclay Meldrum) v Zimbabwe: , "It is impossible to ensure the rule of law, upon which human rights depend, without guaranteeing that courts and tribunals resolve disputes both of a criminal and civil character free of any form of pressure or interference. [. . . J Without the rule of law and the assurance that comes from an independent judiciary, it is obvious that equality before the law will not exist."59 162. There is also as well as established relationship between article 7 and 26. The Commission has specified that while Article 7 focus is on the individual right to be heard, Article 26 is more concerned with the 'the institutions which are essential to give meaning and content to that right. This Article clearly envisions the protection of the courts which have traditionally been the bastion of protection of the individual's rights against the abuses of State power' . 60 Article 7 aims at offering individual guarantees against procedural unfairness, while article 26 is a chapeau provision mostly concerned with the wider institutional cradle within which human rights are fostered and protected. 163. Article 26 has two distinguishable though interconnected parts, one that obligates States to "guarantee the independence of the courts" and a 59 Communication 294/04, n30 above, para 118. 60 Communication 129/94, n35 above, paras. 5 & 15. Reiterated in Communication 294/04, n30 ...�...... African(�\ Urnon\Jv' Page 38 of 45 African Commission on Human an � ('! � ----� - .!. !? 0 ..� «- >\, 31 Bijilo Annex Layout, Korn West Coast Region Gambia Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.int/0 0 a "'