The Court therefore finds that in the absence of such record in proof of the existing visitation record, that the Applicants families’ and Counsel were not allowed access to visit their love ones whilst families which directly affects the Applicant right to the dignity of their family. iv. RIGHT TO FAIR TRIAL The Applicants alleged that throughout the entire trial at the national court there was an environment of intimidation characterized by fear and denial of their right to fair hearing and the right to make a statement before sentencing, the Respondent maintained that the rights to a fair hearing was adequately complied with all through the proceedings at the national Court. Right to fair hearing includes amongst others the Right to: a. Right to be presumed innocent until proven guilty by a neutral Court of competent Jurisdiction. b. To be heard before a free and fair Court of Competent Jurisdiction c. To be defended including the Right have counsel of Choice d. Right to access the courts devoid of any intimidation e. Right to Appeal f. Right to Equality before the Law g. Unfettered accessed to counsel. The provision of Article 7 (c) of the ACHPR provided as follows: Every individual shall have the right to have his cause heard. This comprises: “The right to defense, including the right to be defended by counsel of his choice” In more clear terms, Article 14 (3) (d) International Convention on Civil and Political Rights provides as follows: In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: 27

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