1. Every individual shall have the right to have his cause heard. This comprises: 1. The right to an appeal to competent national organs against acts of violating his fundamental rights as recognised and guaranteed by conventions, laws, regulations and customs in force; 2. the right to be presumed innocent until proved guilty by a competent court or tribunal; 3. the right to defence, including the right to be defended by counsel of his choice; 4. the right to be tried within a reasonable time by an impartial court or tribunal. 2. No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender. 21. The Commission notes that the submission made by the Complainant contains certain elements outlining the circumstances of the trial of Mr Moto. It notes that as regards the right to defence that the latter includes the right to be informed of the charges against him, as well as the evidence of the said charges; all sorts of elements required to prepare his defence, if all these elements were not brought to the knowledge of the accused (as alleged by the Complainant) then Article 7 paragraph 1-c of the Charter had been violated. 22. The Commission recalls that the right to defence, including the right to a counsel is exercised not only during the trial, but also during detention. Unfortunately, once again, the information at its disposal does not allow it to clearly establish whether Article 7 paragraph 1-c has been violated. 23. Moreover, the Commission deplores the silence maintained by the parties in spite of its repeated request for information relating to the exhaustion of local remedies and other procedural aspects of the case. It is of the view that such lack of co operation does not help the Commission to have a clear and precise understanding of the case brought before it. Holding On these grounds, the Commission Decides that no provision of the African Charter on Human and Peoples' Rights has been violated. Banjul, The Gambia, November 1997.