;· r 6� j,Efi r 1 • ! Human Rights OU! Human and Peoples· Rights Collective Responsibility the rights of individuals in custody and upholding the principles of justice. The Commission's acknowledgment of this right highlights its unwavering commitment to shielding individuals from abuse and promoting fairness throughout the detention process. �,urnc 156. A notable example illustrating the Commission's emphasis on the significance of legal representation is the case of the Egyptian Initiative for Personal Rights and Interights v the Arab Republic of Egypt, where the Commission identified a clear violation of Article 7(1)(c) of the African Charter.46 The violation stemmed from the victims being denied access to legal counsel during their detention, which significantly impeded their ability to defend themselves effectively. The Commission firmly acknowledged that access to legal counsel is a fundamental prerequisite for individuals to exercise their right to a fair trial. The Commission underscored that depriving the victims of this access for an extended period hindered their capacity to prepare their defense adequately. This denial of legal representation undermined their ability to present their case effectively and safeguard their rights throughout the proceedings.47 The Commission also stressed that access to legal representation should be guaranteed at all stages of criminal proceedings, encompassing preliminary investigations, evidence collection, periods of administrative detention, and trial and appeal proceedings. This recognition by the Commission demonstrates its understanding of the pivotal role legal representation plays as a crucial safeguard in protecting individuals' rights. 157. Moreover, the case of Abdel Hadi, Ali Radi & Others v Republic of Sudan stands as yet another significant illustration of the Commission's acknowledgment of the pivotal role of legal representation in ensuring a just trial. In this instance, the Commission identified a clear breach of Article 7(1)(c) of the African Charter. 48 The violation arose from the victims being denied the opportunity to consult with legal counsel during their detention, severely hampering their capacity to mount an effective defense. The Commission recognized that access to legal representation is a fundamental prerequisite for individuals to exercise their right to a fair trial. It stressed that denying this access for an extended duration significantly impeded the victims' ability to prepare their defense adequately and that depriving them of legal assistance <c,C, 46 Communication 334/06 - Egyptian Initiative for Personal Rights and lnterights v Arab Republic of Egyp 41 Ibid 48 Communication 368/09 - Abdel Hadi, Ali Radi & Others v Republic of Sudan, para 90 36 AJ1 Olgan of the Afriqan (' -�) Union \-;, // <) African Commission 31 Bijilo Annex Layout, Kombo No11h District, West Coast Region. The Gambia Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.,nt/0 0 a

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