175. Interrogating the circumstances of this case, the Complainants argued that the Respondent State violated their rights to liberty and security of the person, as guaranteed by Article 6 of the African Charter. Firstly, by effecting the arrest and detention of the first Victim on a discriminatory basis. Secondly, the pre-trial detention of the first Victim, while pregnant and together with her infant son, was not a measure of last resort and was unnecessary. The offences she was accused of did not involve endangering life or material damage and did not warrant pre-trial detention. Thirdly, they claimed that the subsequent prosecution and conviction of the first Victim jeopardized her and her children's liberty and security of the person. She received severe sentences of corporal punishment and the death penalty, and she and her children were heldAn:ile' able conditions in detention "to i'''' for over five months. Additionally, she was not pernHtted to .~,ayethe prison to give birth, forcing her to give birth while shackled. Furthernlqt~";,the CoWPlainants argued that the first Victim was subjected to ., . deteri 'J~' n 'c 1 occasions, where she was cut off from communication wi :, ess to her lawyers and family. 176. In the final determination, the ,-v, •.uu that the Respondent State person under both of the ri their physical individuals, On alleged Violati 177. Article 7 of until proven guilty by a competent court; the right to be assisted by a lawyer of one's choice; . within a reasonable time by an impartial tribunal. , act or omission which did not constitute, at the time it was by law. No penalty may be prescribed if it was not prescribed was committed. The penalty is personal and concerns only the offender. 178. The Commission that Article 7 of the African Charter concerns the procedural component of the right to a fair trial. Under the Commission's Principles and Guidelines on Fair Trial and Legal Assistance in Africa, the victims have the right, among others, to legal counsel and medical examination, and to communicate with family or friends at the time of arrest,103 The guidelines also guarantee adequate time to prepare a case, present arguments and evidence, and challenge opposing arguments. In this, the Commission considers the procedural equality of arms an essential aspect of the right to'a jair trial.cfo4 / -/R ... / J 1''(- 103 , "4 < ' Principles and Guidelines of the Commission on Fair Trial and Legal Assistance in Africa (2003), M(2)(a)(by(G). ~u' '. 104 Mr Mamboleo M.ltundamilamba , vs The Democratic Republic ofCong~ Communication 302/05(';Pg -( (,' If2 ,~;~"': ) ~ '( { s '2, \ '," ~(.. ....: !,' • oFf.- "" 0"" '. , 0 I>oIJ·UA ~<,'~ 0,V x- '-'..si 4,./'1 .e-» I (.', UN 4"RICp.I':\ c, ,?<;,~ -"";:'D.")MF Ei o'C:' ,'~ • f' ~-:~~ o: ~9g.- I "'.--? '" .