competent national organs against acts of violating his fundamental rights as recognised 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; and d) The right to be tried within a reasonable time by an impartial court or tribunal’. 181. The right to be heard requires that the Complainants have unfettered access to a tribunal of competent jurisdiction to hear their case. A tribunal is competent having been given that power by law, it has jurisdiction over the subject matter and the person, and the trial is being conducted within any applicable time limit prescribed by law. Where the competent authorities put obstacles on the way which prevent victims from accessing the competent tribunals, they would be held liable. 182. Given the generalised fear perpetrated by constant bombing, violence, burning of houses and evictions, victims were forced to leave their normal places of residence. Under these circumstances, it would be an affront to common sense and justice to expect the victims to bring their plights to the courts of the Respondent State. 29 183. In Rencontre africaine pour la defense des droits de l'Homme/Republic of Zambia, the African Commission held that the mass expulsions, particularly following arrest and subsequent detentions, deny victims the opportunity to establish the legality of these actions in the courts. Similarly, 30 in Zimbabwe Human Rights NGO Forum/Zimbabwe , the African Commission noted that the protection afforded by Article 7 is not limited to the protection of the rights of arrested and detained persons but encompasses the right of every individual to access the relevant judicial bodies competent to have their causes heard and be granted adequate relief. The Commission added that “If there appears to be any possibility of an alleged victim succeeding at a hearing, the applicant should be given the benefit of the doubt and allowed to have their matter heard.” 184. To borrow from the Inter-American human rights system, the American Declaration of the Rights 31 and Duties of Man provides in Article XVIII that every person has the right to "resort to the courts to ensure respect for [their] legal rights," and to have access to a "simple, brief procedure whereby the courts" will protect him or her "from acts of the authority that … violate any fundamental constitutional rights….". 185. In the present communication, the forced evictions, burning of houses, bombardments and violence perpetrated against the victims made access to competent national organs illusory and impractical. To this extent, the Respondent State is found to have violated Article 7 of the African Charter. Alleged violation of Article 12.1 186. The Complainant alleges that the forced evictions constitute a violation of the right to freedom of movement and residence as guaranteed in Article 12.1 of the African Charter on Human and Peoples’ Rights. The Complainant argues that the forceful displacement of thousands upon thousands of persons from their chosen and established places of residence clearly contravenes the right to residence. 187. Freedom of movement is a fundamental human right to all individuals within States. Freedom of movement is a right which is stipulated in international human rights instruments, and the Constitutions of numerous States. It asserts that a citizen of a State, generally has the right to leave that State, and return at any time. Also (of equal or greater importance in this context) to travel to, reside in, and/or work in, any part of the State the citizen wishes, without interference from the State. Free movement is crucial for the protection and promotion of human rights and fundamental freedoms. 188. Freedom of movement and residence are two sides of the same coin. States therefore have a duty to ensure that the exercise of these rights is not subjected to arbitrary restrictions. Restrictions on the enjoyment of these rights should be proportionate and necessary to respond to a specific public need or pursue a legitimate aim. Under international law, it is the duty of States to take all measures to avoid conditions which might lead to displacement and thus impact the enjoyment of freedom of movement and residence. Principle 32 5 of the Guiding Principles on Internal Displacement requires States to adhere to international law so as to prevent or avoid situations that might lead to displacement.