C. Alleged violation of the right to fair trial
93. As noted in paragraphs 57 to 61 above, under this right, the Court will
examine the violations alleged by the Applicant under the right to a fair trial,
the right to equal protection of the law, and the right to liberty. The
allegations are as follows:
i.
Failure to provide effective legal representation;
ii.
Conviction on the basis of insufficient evidence;
iii. Failure to try him within a reasonable time; and
iv. Failure to provide him with interpretation services.
i.
Failure to provide effective legal representation
94. The Applicant avers that the right to effective legal representation is an
integral part of the right to a fair trial, especially when an individual’s life is
at stake. He submits that due process rights are provided for under Article
7 of the Charter and Article 14(1) of the ICCPR, which establish the right to
legal counsel and to adequate time and facilities to prepare his defence and
to communicate with a counsel of his choosing. He also avers that Article
14(3)(d), establishes the right “to be tried in his presence and to defend
himself in person or through legal assistance of his own choosing; to be
informed, if he does not have legal assistance assigned to him, in any case
where the interest of justice so requires and without payment by him in any
such case if he does not have sufficient means to pay for it”.
95. Citing the jurisprudence of the Human Rights Committee,38 the Applicant
argues that it is incumbent upon a state party to ensure that the accused
receives legal representation that is effective at all stages of criminal
proceedings.
38
Hendricks v. Guyana, Human Rights Committee, Communication No. 838/1998, (Oct 28, 2002,
paragraph 6.4; Brown v. Jamaica, Human Rights Committee, Communication No. 775/1997, (May 11,
1999, paragraph 6.6; Aliboeva v. Tajikistan, Human Rights Committee, Communication No. 985/2001,
Judgment, (Nov. 16, 2005), § 6.4; Salidova v. Tajikistan, Human Rights Committee, Communication No.
964/2001, Judgment (August 29, 2003), § 7.3, etc.
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