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 legal
assistance of his own choosing; to be informed, if he does not have legal
assistance, of this right; and to have legal assistance assigned to him, in any
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