analogous with the concept of access to appropriate justice and requires that one's
cause be heard by efficient and impartial courts.”106
297. In Zimbabwe Lawyers for Human Rights and IHRDA v. Zimbabwe, the
Commission held that “[i]t is a vital requirement in a state governed by law that
court decisions be respected by the State, as well as individuals. The courts need
the trust of the people in order to maintain their authority and legitimacy. The
credibility of the courts must not be weakened by the perception that courts can
be influenced by any external pressure.”107 The Commission found that by
refusing to comply with court orders, the Respondent State undermined the
independence of the courts, in violation of Article 26 of the Charter.108
298. In its analysis under Article 6, the Commission has already found that the
Victim’s detention was not under the effective control of a judicial authority, as
the Minister of Interior was able to circumvent the release orders issued by the
courts. The Commission therefore finds that the Respondent State failed to
execute court orders and undermined the independence of courts, in violation of
Articles 7 and 26 of the African Charter.
Lack of independence of State Security Emergency Courts
299. The Complainants aver that the lack of independence of the State Security
Emergency Courts is systematic, highlighting the composition of and the
procedure of appointment to the Court. The Complainants further highlight the
powers of the President over the cases submitted to and the decisions reached by
the Court in violation of Article 26.
300. The Complainants allege that the Commission has previously assessed these
courts in Communication 334/06 - Egyptian Initiative for Personal Rights and
Interights v. Egypt, and described them in the following terms: “The victims were
tried before the Supreme State Security Emergency Court, whose competence
and procedures fall far short of the above standards [the Commission’s Principles
and Guidelines on Fair Trial].109 In the said Communication, the Commission
found that “[it] is of the view that the degree of control which the President of the
Republic exercises over the composition, conduct and outcome of proceedings
before the State Security Court is antithetical to the notion of an independent and
impartial judicial process.”110
301. The Commission finds it unnecessary to pronounce itself again on the
independence or not of the State Security Emergency Courts in the Respondent
State, in view of its above-referenced decision. Moreover, in the above
paragraphs, the Commission has already found that by failing to execute the
EIPR and Interights v. Egypt (n 38 above), para 195.
Communication 294/04 - Zimbabwe Lawyers for Human Rights and IHRDA v. Zimbabwe (2009)
ACHPR para 119.
108
As above, para 120.
109
EIPR and Interights v. Egypt (n 38 above), para 199.
110
As above, para 200.
106
107
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