must request legal aid in order for it to be granted to him or her. He
states that his right to pro bono legal assistance was and continued
to be violated to date, as he has still not been provided with legal aid
regarding his Notice for Review, despite repeated requests.
113. The Respondent contends that the Applicant is put to strict
proof regarding his allegation that he was not given free legal
counsel by the State in any of his cases, which contributed to his
various convictions by the Court and that he should prove that he
reqL,Jested for such assistance and that he is indeed an indigent
person.
114. The relevant provision of the Charter in this regard is Article
7(1) (c) which has been previously set out. As stated earlier, even
though Article 7(1) (c) of the African Charter does not specifically
provide for legal aid, the Court can, in accordance with, Article 7 of
the Protocol, apply this provision in light of Article 14(3)(d) of the
ICCPR. Article 14(3)(d) of the ICCPR provides for one to be provided
legal assistance where the interests of justice so require and for such
assistance to be provided free of charge where one is unable to pay
for the same.
115. In view of the Respondent having acceded to the ICCPR, it was
enjoined to provide the Applicant with legal aid, given the serious
nature of the charges against him and the potential sentence he
faced if convicted.
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