hearing by a competent, independent and impartial tribunal established by law.(…)” In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (…) b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; 171. The right of defense provided in Article 7 (c), of the Charter includes not only the right to choose one’s defense but also to have an adequate opportunity to prepare one’s defense. 172. This subparagraph should be interpreted in conjunction with Article 14 (3) of the International Covenant on Civil and Political Rights. 173. In this regard the African Court in the case OSGAR JOSIAH v. UNITED REPUBLIC OF TANZANIA, Application No. 053/201 6, March 28, 2019, para. 66, wrote that: “The Court notes that Article 7 (1) (c) of the Charter as indicated above, provides for the right to defense, including the right to be defended by counsel of one's choice. This Court has consistently interpreted this provision in light of Article 14 (3) (d) of the International Covenant on Civil and Political Rights (ICCPR), which establishes the right to free legal counsel and determined that the right to defence includes the right to be provided with free legal assistance in circumstances where the interest of justice so require.” 174. It should be noted that the first sentence of Article 14(1) guarantees, in general terms, the right to equality before the courts or tribunals. This guarantee does not only apply to the courts and tribunals referred to in the second sentence of this paragraph of Article 14, but must also be respected 45

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