process, which in their view shows lack of independence of the PPO and the Appeal Chamber. 214. The Complainants submit that the Victims lodged their Complaints to the PPO but the remedies available were not effective. The Complainants submit that the Victims appealed to the PPO to review their decision not to prosecute and their appeal was rejected. Subsequently, they appealed the decision of the PPO to the Appeal Chamber which dismissed their appeal on the basis that the assaults had taken place but that it was impossible to identify the perpetrators. 215. The Respondent State agrees with the Complainants' submissions that the PPO refused to prosecute the perpetrators and argues that the decision not to prosecute was based on three reasons.75 According to the Respondent State, the PPO and the Appeal Chamber were impartial and independent in their procedures as opposed to the Complainants' submissions. 216. The right to fair trial, protected by Article 7 of the African Charter and complemented by Article 26 of the same Charter is a stronghold for the principle of judicial independence and appropriate justice in the African Human Rights System. In this regard, the African Commission provided an insight to Article 7(1) (a) in Kenneth Good v Republic of Botswana where it held that "The right to be heard requires that the Complainant has unfettered access to a tribunal of competent jurisdiction to hear his case. It also requires that the matter be brought before a tribunal with the competent jurisdiction to hear the case."76 217. Similarly, the African Commission noted in Zimbabwe Human Rights NGO Forum v. Zimbabwe77 , that "The protection afforded by Article 7 is not limited to the protection of the rights of arrested and detained persons but encompasses the right of every individual to access the relevant judicial bodies competent to have their causes heard and be granted adequate relief." 218. To strengthen the spirit of Articles 7 and 26 of the African Charter, the African Commission adopted the Principles and Guidelines on the Right to Fair Trial and Legal Assistance in Africa (the Principles and Guidelines on the Right to Fair Trial),78 to assist States Parties to the African Charter in their guarantee of the right to fair trial as enshrined in the African Charter. One of the essential elements of a fair hearing under the Principles include; "An entitlement to an appeal to a higher judicial body."79 It also provides that, "The right to appeal should provide a genuine and timely review of the case, including the facts and the law...."80 219. The African Commission notes that the concerns, needs and interests of victims can only be addressed in judicial proceedings when these proceedings are impartial, taking into consideration facts and appropriate laws. The primary concern should therefore be to ensure that victims of human rights violations are redressed accordingly by given them an opportunity to appeal decisions from other judicial bodies. 220. Particularly, the appeal mechanism must be premised on the recognition that the right to appeal is a fundamental right under international law in which all victims are entitled to Failing to allow victims appeal decisions in the opinion of the African Commission, is contrary to the guiding principles and spirit of the African Charter and other international and regional instruments. 221. In the present Communication, after the Victims appealed to the PPO and were not and upheld the decision taken by the PPO not to prosecute the perpetrators. Thus, in effect, the Victims had an opportunity to be heard by the Appeal Chamber, and therefore cannot claim that their right to appeal under Article 7 of the African Charter was violated. Furthermore, their appeal was also entertained by the PPO even though the result was not satisfactory to them. 222. The issue of the appeal process being impartial or independent in itself, and as a result, showing the lack of impartiality and independence of the Appeal Chamber and the PPO does not fall within the ambit of Article 7 and 26 of the African Charter. 223. According to the Principles and Guidelines of the Right to Fair Trial, impartial and independent tribunals shall amongst other things: be established by law to have adjudicative functions to determine matters within their competence on the basis of the rule of law and in accordance with proceedings conducted in the prescribed manner;81 not have any inappropriate or unwarranted interference with the judicial process nor shall decisions be subject to revision except through judicial review;82 independent from the Executive branch;83 and the Government shall respect that independence;84 base its decision only on objective evidence, arguments and facts presented before it. 224. In the facts before the African Commission however, apart from alleging that the process of Appeal in the Appeal Chamber and the PPO lacked impartiality and independence due to the reasons provided, the Complainants have not substantiated the extent to which it did so, or given enough reasons to support the allegations that both Institutions were not impartial and independent according to the criteria provided by the Principles and Guidelines of the Right to Fair Trial. Thus in the absence of any information, substantiated by relevant evidences to support the allegations, the African Commission sees no basis to 20