ENGLISH Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa |  25 Explanatory Note: See, Comm. 334/06, Egyptian Initiative for Personal Rights and Interights v. Egypt (2011), paras. 212-213 and 218; ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, Section N(6)(a) and (d)(1) (“Rights during a trial”); ACHPR, Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa, Guideline 29; and U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Article 15. (ii)  Secret Evidence: The essential elements of a fair hearing include adequate opportunity to prepare a case, present arguments and evidence, and to challenge or respond to opposing arguments or evidence. The accused shall have a right to all relevant information held by the prosecution or other public authorities that could help the accused exonerate him or herself, or cast doubt on the State’s case against him or her. Before judgment or sentence is rendered, the accused shall have the right to know and challenge all the evidence which may be used to support the decision. It is the duty of the competent authorities to ensure lawyers have access to appropriate information, files and documents in their possession or control in sufficient time to enable those lawyers to provide effective legal assistance to their clients. Explanatory Note: See, ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, Section A(2)(e) (“Fair Hearing”) and Section N(3)(e)(3, 4, 6, and 7) (“Right to adequate time and facilities for the preparation of a defence”). (iii) Unlawfully Obtained Evidence: Where the suspect or the accused raise doubts that the evidence was unlawfully obtained, the burden of proof is on the State to demonstrate that the evidence was not so obtained. Explanatory Note: See, Comm. 334/06, Egyptian Initiative for Personal Rights and Interights v. Egypt (2011), para. 218. (iv) Accountability for Unlawful Evidence: When officials come into possession of evidence described in Use of Evidence above, they must inform the appropriate judicial body and the State shall take all necessary steps to ensure that those responsible for using such methods are brought to justice. Explanatory Note: See, ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, Section F(l) (“Role of Prosecutors”); and Explanatory Note to Principle 1(D), Obligation to Ensure Accountability, Principle 1(E), Obligation to Provide an Effective Remedy, and Principle 1(F), Obligation to Provide Reparation. D. Second Trial for Same Offence Prohibited: No one shall be liable to be tried or punished again for an offence for which he or she has already been finally convicted or acquitted in accordance with the law and penal procedure of each country. Explanatory Note: See, ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, Section N(8) (“Second trial for same offense prohibited”); and International Covenant on Civil and Political Rights, Article 14(7).