94. Article 7(1)(c) of the Charter provides that: 1. Every individual shall have the right to have his cause heard. This comprises: … (c) The right to defence, including the right to be defended by counsel of his choice. 95. The Court has held that Article 7(1)(c) of the Charter, as read together with Article 14(3)(d) of the ICCPR, guarantees anyone charged with a criminal offence the right to be automatically assigned a counsel free of charge where he cannot afford to hire a lawyer, whenever the interests of justice so require.38 96. In African Commission on Human and Peoples’ Rights v. Libya, the Court held that “every accused person has a right to be effectively defended by a lawyer, which is at the heart of the notion of a fair trial”.39 The Court has also previously considered the issue of effective representation in Evodius Rutechura v. United Republic of Tanzania40 where it held that the right to free legal assistance comprises of the right to be defended by counsel. However, the Court emphasizes that the right to be defended by counsel of one’s choice is not absolute when counsel is provided through a free legal assistance scheme.41 In such a case, the important consideration is whether the accused is provided with effective legal representation rather than whether he or she is allowed to be represented by a lawyer of their own choosing.42 97. The Court considers that, “effective assistance of counsel” comprises two aspects.43 First, defence counsel should not be restricted in the exercise of representing his client. Second, counsel should not deprive a client of 38 Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 124. African Commission on Human and Peoples’ Rights v. Libya (merits) (2016) 1 AfCLR 153, § 95. 40 Evodius Rutechura v. United Republic of Tanzania (merits and reparations) (26 February 2021) 5 AfCLR 7, § 73. 41 ECHR, Croissant v. Germany (1993) App No.13611/89, § 29, Kamasinski v. Austria (1989) App No. 9783/82, § 65. 42 ECHR, Lagerblom v. Sweden (2003) App No. 26891/95, §§ 54-56. 43 HRI/GEN/1/Rev.9 (Vol. I) page 256, §§ 333-335. 39 29