173.Article 7 of the African Charter guarantees for everyone the right to have
his/her cause heard. This includes the right to:
1.
(a) an appeal to competent national organs against acts
of violating his fundamental rights as recognized and
guaranteed by conventions, laws, regulat-ions 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."
174. The Commission notes the submission of the Complainants that the
Victim was denied the right to be brought promptly before a judicial
authority to have his cause heard and to challenge his detention by way of
a habeas corpus application. The Commission fui:ther notes the submission
of the Complainants that during the arbitrary detention of the Victim, he
was denied his right to legal representation; consular assistance; and to
contact his familys2.
175. Pursuant to the right of the Victim under Article 7 of the African Charter,
the Commission will assess the argument of the Complainants that the
Victim was detained for 23 months without being brought promptly before
a judicial authority and have his cause heard.
176. The Commission has established in the Luanda Guidelines that" all persons
in police custody and pre-trial detention shall have the right, either personally or
through their representative, to take proceedings before a judicial authority,
without delay, in order to have the legality of their detention reviewed"83 . In its
Principles and Guidelines on Fair Trial and the Robben Island Guidelines,
the Commission also established that "States should ensure all persons