 Article 7(1) 112. The Complainants aver a violation of the right to a fair trial protected under Article 7 of the Charter through various actions of the Respondent State. Article 7(1) of the Charter states: Every individual shall have the right to have his cause heard. This comprises: a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; b) the right to be presumed innocent until proved guilty by a competent court or tribunal; c) the right to defence, including the right to be defended by counsel of his choice; d) the right to be tried within a reasonable time by an impartial court or tribunal. 113. The Complainants aver that the presence and actions of the armed men within the premises of the High Court were calculated to instil fear and are in violation of the right of an accused person to be accorded a fair and impartial trial. 114. The Commission notes that the impartiality and independence of the Judiciary concern not only those standing before the Courts, but affect the broader issues of separation of powers, democracy and the rule of law. 115. Taking this into consideration, the Commission has at various times reiterated the need by States to respect the independence and impartiality of the Courts. Principle 4(f) of the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa states: “There shall not be any inappropriate or unwarranted interference with the judicial process nor shall decisions by judicial bodies be subject to revision except through judicial review, or the mitigation or commutation of sentence by competent authorities, in accordance with the law.” Principle 5 of the same Principles further states that “Judicial officers shall decide matters before them without any restrictions, improper influence, inducements, pressure, threats or interference, direct or indirect, from any quarter or for any reason.” In its Resolution on the Respect and the Strengthening of the Independence of the Judiciary, the Commission called upon African countries to “refrain from taking any action which may threaten directly or indirectly the independence and the security of judges and magistrates.”37 116. The Respondent State argues that the presence of the Security Agencies was necessitated by information that upon their release on bail, the Victims were to escape the course of justice and join an armed rebellion. The Respondent State is no doubt aware that on an application for bail, the correct approach is to adduce such evidence before the Court to ensure an informed determination as opposed to cordoning off the Court prior to the start of the proceedings. 37 ACHPR/Res.21 (XXI) 96: Resolution on the Respect and the Strengthening of the Independence of the Judiciary 20