,_cHPJJ (" fr) armx• � 6�!:tEfi Human ancl Peoples· Rights Human s;ghrs out Collective Respons1bil1ty Furthermore, the Commission acknowledges that the NSA of 2010, with 161. its restrictions and conditions on access to legal representation, indeed grants discretionary powers to deny individuals the right to a lawyer. This broad discretion raises concerns regarding the right to a fair trial and the ability of individuals to defend themselves effectively. It allows the NISS to potentially restrict access to legal assistance arbitrarily and without clear guidelines or safeguards of the rights of suspects or accused persons. 1 62. This situation violates Article 7(1)(c) of the African Charter, as well as the Resolution on the Right to Recourse and Fair Trial Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, and the Commission's jurisprudence. In the Zegveld and Ephrem case, the Commission · ruled that detained individuals must have prompt access to a lawyer and the ability to contact their families. Furthermore, their physical and mental health rights must be protected, and they are entitled to proper detention conditions. 51 The Commission notes that the Respondent State has shown progress in 163. making multiple amendments to the NSA of 2010, with the latest amendment taking place in 2024. 52 However, it is essential to note that these amendments have not adequately addressed the limitations or drawbacks found in the original 2010 version of the Act. As a result, the provisions and discretionary powers granted to the NISS continue to undermine the rights guaranteed by the African Charter and established principles. 164. Ensuring timely and meaningful access to legal representation for detained individuals, as well as their well-being and fair treatment during detention, is of utmost importance. Although the Commission acknowledges the willingness of the Respondent State to make amendments, it is evident that the provisions under dispute remain essentially unchanged, with only minor syntactical and non-substantive modifications. For example, Article 51(2) in the 2024 amendment states, "The Detainee has the right to inform their family or the entity they belong to of the detention and is allowed to contact their family or lawyer if it does not harm the investigation." While the wording has been slightly altered, the substantive content remains unchanged. 165. These observations highlight the need for comprehensive and substantive changes to the NSA to ensure the protection of individuals' and align with the principles of the African Charter. Mere modifications without addressing the underlying issues do not pr�,� ·�=�...... 51 n 59 above, para 55 52 Amendments were made to the NSA in 2011, 2017, 2019, 2021, 2022, and 2024 38 An Organ of U1e AfriGan ( --�, LJn 10n 'i.tr,:/ I :E I � j J ·\ z.._ \ African Commission on 31 Bijilo A n nex Lay West Coast Region, e Gambia Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.int/0 0 a