'f) 6�!,jsiEfi i-.CHP!i f, Human s;ghrs ou, Human and Peoples' Rights Collective Responsibility legal assistance, and procedural mechanisms that enable individuals to present their cases before a competent judicial body. mm,, • 174. The Commission's recognition of these obligations underscores the comprehensive nature of the right to sound justice. It goes beyond mere access to a court and encompasses the guarantee of a fair trial. By emphasizing the importance of providing individuals with both an accessible and appropriate court and the opportunity to have their cause heard fairly, the Commission ensures that justice is effectively served. This approach reinforces the principles of fairness, equality, and the rule of law, which are fundamental to realizing the right to sound justice as enshrined in Article 7 of the African Charter. 1 75. The Commission underscores that the right to a timely and impartial trial holds immense significance in upholding the fairness and integrity of legal proceedings. It encompasses two crucial elements: timeliness and impartiality, essential for ensuring justice. It is important to emphasize that no circumstances can justify the denial of the right to be brought before a court, as it serves as a foundational principle for the realization of a fair trial. 1 76. In the case of Purohit v The Gambia, the Commission established a precedent that individuals subjected to detention should, at the very least, have the opportunity to challenge the lawfulness of their detention before competent jurisdictions.55 This ruling highlights the fundamental principle that those detained must be granted the right to contest their deprivation of liberty and have their cases reviewed by independent and competent courts. 1 77. By recognizing the significance of timely access to justice and the requirement of impartiality, the Commission reaffirms the essential nature of these elements in upholding the principles of fairness, equality, and the rule of law. Upholding the right to a timely and impartial trial ensures that individuals have the necessary safeguards to contest their detention and have their cases heard by competent and independent courts. This approach is vital for safeguarding individual rights, promoting transparency and accountability, and maintaining public trust in the justice system. Upon thorough examination of the facts and analysis, it is evident that 178. the failure to present the Complainant before a court during his 71 to 78 da s of detention gives rise to significant concerns regarding the Respon compliance with the requirement of a timely trial. It is crucial to en}'Jmt� 55 Communication 241/2001 Purohit and Moore v. The Gambia (May 2003) ACHPR. 41 An OrQan of U>e AfriGan ( · �'\ nton ' ,cu:) u African Commis 31 Bijilo An r;S;;:i:i.iiiiiH.::,,i; mbia Phone: (220) 230 4361 Fax: (220) 441 OS 04 Email: au-banjul@africa-union.org https:/achpr au.int/0 0 a