79. The Respondent State did not specifically respond to this allegation but maintained generally that the Applicant’s rights under the Charter and the Constitution were fully observed and protected. *** 80. This Court has previously dealt with the right to consular assistance and held that the rights accruing from the provisions of Article 36(1) of the Vienna Convention on Consular Relations (VCCR),24 are protected under the Charter.25 The Court observes that while the Charter and the ICCPR do not explicitly provide for consular matters, the VCCR to which the Respondent State is a party does. Article 36(1) of the VCCR26 provides for the consular rights of the detained persons and duties and obligations of the State. 81. The Court observes that consular services are critical to the respect for the right to a fair trial of foreign detained nationals. Article 36(1) of the VCCR, explicitly requires State Parties to facilitate consular services to foreign nationals detained within their jurisdiction. Accordingly, the Court will examine the alleged failure by the Respondent State to afford the Applicant consular services in light of this Article. 24 Adopted on 24 April 1963; entered into force on 19 March 1967. Armand Guehi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR 477, §§ 95 and 96. 26 1. With a view to facilitating the exercise of consular functions relating to nationals of the sending State: 25 (a) consular officers shall be free to communicate with nationals of the sending State and to have access to them. Nationals of the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State; (b) if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this subparagraph; (c) consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgement. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action … 21