must request legal aid in order for it to be granted to him or her. He
states that his right to pro bono legal assistance was and continues
to be violated to date, as he has still not been provided with legal aid
regarding his Notice for Review, despite repeated requests.
113.
The
Respondent
proof regarding
contends
his allegation
—
that the Applicant is put to strict
that he was
not given
free
legal
counsel by the State in any of his cases, which contributed to his
various convictions by the Court and that he should prove that he
requested
for such
assistance
and
that he is indeed
an
indigent
person.
114.
The relevant provision of the Charter in this regard is Article
7(1) (c) which
has been previously set out. As stated earlier, even
though Article 7(1) (c) of the African Charter does
not specifically
provide for legal aid, the Court can, in accordance with,
Article 7 of
the Protocol, apply this provision in light of Article 14(3)(d) of the
ICCPR. Article 14(3)(d) of the ICCPR provides for one to be provided
legal assistance where the interests of justice so require and for such
assistance to be provided free of charge where one is unable to pay
for the same.
115.
In view of the Respondent having acceded to the ICCPR, it was
enjoined to provide the Applicant with legal aid, given the serious
nature
of the charges
against him
and
the potential
sentence
he
faced if convicted.
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