(a) they were tried by a court that was not independent and impartial and whose decisions is not subject to appeal; (b) their right to a counsel was not fully respected; (c) confessions made under torture or ill-treatment were used by the court, and 122. The Complainants also submit that by virtue of Article 7(1) (d) of the African Charter, the victims have “the right to be tried within a reasonable time by an impartial court or tribunal”. They also state that, the victims were tried by an exceptional security court, which failed to meet the minimum guarantees of an independent and impartial tribunal. 123. The Complainants state that the requirement of impartiality in Article 7 of the Charter is complemented by Article 26 of the same which imposes on States Parties „the duty to guarantee the independence of the courts‟ in their respective territories. These obligations, they submit, are captured in the Commission‟s Principles and Guidelines on Fair Trial wherein the Commission inter alia stated that: „judicial bodies shall 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;33there should not be any inappropriate or unwarranted interference with the judicial process nor shall decisions be subject to revision except through judicial review;34 all judicial bodies shall be independent from the Executive branch35 and the government shall respect that independence;36 the process of appointments to judicial bodies shall be transparent;37 the judicial body shall decide matters before it without any restrictions, improper 33 Principles and Guidelines on Fair Trial, Section A(4)(b). 34 Id, Sec A(4)(f). 35 Id, Sec A(4)(g). 36 Id, Sec A(4)(a). 37 Id, Sec A(4)(h) 32