173.Article 7 of the African Charter guarantees for everyone the right to have his/her cause heard. This includes the right to: 1. (a) an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulat-ions 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." 174. The Commission notes the submission of the Complainants that the Victim was denied the right to be brought promptly before a judicial authority to have his cause heard and to challenge his detention by way of a habeas corpus application. The Commission fui:ther notes the submission of the Complainants that during the arbitrary detention of the Victim, he was denied his right to legal representation; consular assistance; and to contact his familys2. 175. Pursuant to the right of the Victim under Article 7 of the African Charter, the Commission will assess the argument of the Complainants that the Victim was detained for 23 months without being brought promptly before a judicial authority and have his cause heard. 176. The Commission has established in the Luanda Guidelines that" all persons in police custody and pre-trial detention shall have the right, either personally or through their representative, to take proceedings before a judicial authority, without delay, in order to have the legality of their detention reviewed"83 . In its Principles and Guidelines on Fair Trial and the Robben Island Guidelines, the Commission also established that "States should ensure all persons

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