86.
The
Court
observes
that
Article
7(1)(c)
of the
Charter
is
relevant in this regard. It provides that:
“Every individual shall have the right to have his cause heard. This comprises:
(a) ...
(b) ...
(c) the right to defense,
including the right to be defended
by counsel of his
choice;”
87.
Article 7 of the Protocol provides that:
“The Court shall apply the provision of the Charter and any other relevant human
rights instruments ratified by the State concerned.”
88.
In
view
of the
fact
that
the
Respondent
acceded
to
the
International Covenant on Civil and Political Rights (ICCPR) on 11
June
1976 and deposited its instrument of accession on the same
date,
in accordance
with Article 7 of the Protocol,
the Court can
interpret Article 7(1)(c) of the Charter in light of the provisions
of
Article 14(3)(d) of the ICCPR.
89.
Article 14(3)(d) of the ICCPR
is more elaborate than Article
7(1)(c) of the Charter and it reads:
“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 legai
assistance
of his own
choosing;
to be informed,
if he does
assistance,
of this right; and to have legal assistance assigned
not have
legal
to him, in any
OA
86