of their right of access to justice. They submit that the same violation can be observed in their being denied their right of appeal arising from the provisions of Article 5 of the Decree-Law that established the military court. To buttress this assertion, the Complainants cite an error of judgment on the part of the military court and refusal of payment of compensation for unlawful detention. 51. Concerning allegations of violation of Article 7(1) (b), the Complainants contend that the non-compliance with rights protected under this provision is noticeable by the flagrant contradiction between the judgment of the military court and the judicial developments of the case. Thus, they submit that the military court concluded on the guilt whereas several grey areas persisted in the case of assassination of President Laurent Désiré Kabila and that the principal witness had been convicted and discharged. 52. Furthermore, the Complainants submit that the Prosecutor at the military court declared that the investigation of the case was on course. Even the President of the afore-mentioned court is said to have commented on the judgment in similar terms. Finally, the search warrants were said to have been issued with clear instructions to clarify the same facts for which the Complainants had been found guilty. The Complainants allege that all these facts prove that presumption of innocence which is of critical importance in a case involving capital punishment had been violated. 53. The provisions of Article 7(1)(c) of the African Charter protect the right to judicial assistance. To buttress the violation of the terms of this Article, the Complainants allege that the fact that they could not consult their counsels until the eve of their trial, i.e. on 15 March 2002, or after more than one year in preventive custody, constitutes a violation of their right to judicial assistance. 54. The Complainants further allege that their rights protected under Article 7(1) (d) of the African Charter have been violated, i.e. being tried within a reasonable time by an impartial court or tribunal. According to them, such a right has been violated as they were arrested on 15 January 2001 and were kept in detention for more than a year before being arraigned before the military court on 15 March 2002. They further submit that the court had competence to try them only during war time, but this was not the case, and additionally, the judges were not qualified. 55. According to the Complainants, the Respondent State also violated the rights guaranteed by Article 7(2) of the African Charter which establishes the principle of legality of punishments and offences. They allege, in this 10