"In the determination of any criminal charge against him, everyone
shall be entitled to the following minimum guarantees, in full
equality:
(a) .. .
(b) .. .
(c) ...
(d) To be tried in his presence, and to defend himself in person or
through legal assistance of his own choosing; to be informed, if he
does not have legal assistance, of this right; and to have legal
assistance assigne d to him, in any case where the interests of
justice so require, and without paymen t by him in any such case if
he does not have sufficient means to pay for it."
167. Article 14(3)(d) of the ICCPR contains three distinct guarantees. First, the provision
stipulates that accused persons are entitled to be present during their trial. Second,
the provision refers to the right of the accused to defend himself or herself, whether
in person or through legal assistance of their own choosing . Third, the provision
guarantees the right to have legal assistance assigned to accused persons
whenever the interests of justice so require, and without payment by them in any
such case, if they do not have sufficient means to pay for it.
168. Given the serious nature of the offence that the Applicants had been charged with,
the Court is of the view that all necessary measures should have been taken by the
Respondent, in the interest of justice, to ensure that the Applicants were afforded
legal assistance.
169. The Court is fortified in its reasoning by the decisions of the African Commission,
the United Nations Human Rights Committee, the European Court of Human Rights
and the Inter-American Court of Human Rights, which are courts of similar
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