prepare and enter their defense on the adjourned date and the 1st Applicant
responded saying:
“I will say that our rights have been infringed by this court so I
will not participate in a trial where our rights have not been
protected. (…) I will therefore not participate in the
proceedings”.
Similarly, when the Applicants were asked the number of days they
required to file their written address, the 1st Applicant responded thus:
“I have said that I don’t wish to participate in this proceedings
so I will not file any address. When I am convicted as I know I
will, I will have something to say why sentence should not be
passed on me”.
Furthermore, all other Applicants who were unrepresented by Counsel
were informed of their rights and options in entering their defenses in
accordance with the Criminal Procedure Code of the Gambia. This was
communicated to them in their different languages but they remained silent
and offered no word or gesture. By implication, it can be inferred that the
Applicants waived their right to defense and to be represented by Counsel
of their choice.
In HARUN GÜRBÜZ v. TURKEY (2019) (Application no.68556/10) the
European Court of Human Rights in analyzing the provisions of Article 6 of
the Convention which is in tandem with Article 7 of the African Charter and
Article 14 of the ICCPR reiterated:
“Neither the letter nor the spirit of Article 6 of the Convention
prevents a person from waiving of his own free will, either
expressly or tacitly, the entitlement to the guarantees of a fair
trial. That also applies to the right to legal assistance. However,
if it is to be effective for Convention purposes, such a waiver
must be established in an unequivocal manner and be attended
by minimum safeguards commensurate to its importance. Such
a waiver need not be explicit, but it must be voluntary and
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