(iv) Violation of Article 26 136. The Complainants mention in their Merits Submission a violation of Article 26 of the Charter, in conjunction with Article 7. Article 26 of the Charter states: “States Parties to the present Charter shall have the duty to guarantee the independence of the Courts.” Article 26 of the Charter provides for the independence and impartiality of courts necessary to give effect to Article 7 of the Charter. 137. In Zimbabwe Lawyers for Human Rights and Institute for Human Rights and Development in Africa (on behalf of Andrew Barclay Meldrum) v. Zimbabwe, the Commission held as follows: “It is impossible to ensure the rule of law, upon which human rights depend, without guaranteeing that Courts and tribunals resolve disputes both of a criminal and civil character free of any form of pressure or interference. The alternative to the rule of law is the rule of power, which is typically arbitrary, self-interested and subject to influences which may have nothing to do with the applicable law or the factual merits of the dispute. (…) It 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.”49 138. By refusing to comply with the Bail Order and the Constitutional Declarations issued by the Courts and by invading the High Court to prevent the release of the Victims, the Respondent State undermined the independence of the Courts. This is a violation of Article 26 of the African Charter. 139. In view of the above, the Commission: i. Does not find violation of Article 5 of the African Charter; ii. Finds violations of Article 6, Article 7(1)(b), (c), (d) and Article 26 of the Charter; iii. Hereby orders the Government of Uganda to pay adequate compensation to the Victims for the violations of Article 6, Article 7(1)(b), (c), (d) and Article 26 of the Charter. In assessing the manner and mode of payment of compensation, the Government of Uganda shall be guided by international norms and practices relating to payment of compensatory damages. The Commission avails its good offices to facilitate the implementation of this ruling; iv. Further directs to the Government of Uganda to determine the whereabouts of Mr. Samson Agupio, confirm that Mr. Agupio was released from detention 49 Communication 294/04: Zimbabwe Lawyers for Human Rights and Institute for Human Rights and Development in Africa (on behalf of Andrew Barclay Meldrum) v. Zimbabwe (2009) ACHPR para 118-119. 25