219.
Therefore, in casu, the Commission concludes that the forceful eviction of the
Complainants from their place of habitual residence by the Military police of the
Respondent State, forcing them to live in hiding due to threats of further violence if
they returned, violates Article 12(1) of the African Charter. Also, the seizure of the
Passport of the Complainants' lawyer, and banning him from travel outside his
country, violates his right to freely leave his country, and thus a violation of Article
12(2) of the African Charter.
Alleged violation of Articles 7 and 26
220.
Article 7 of the African Charter stipulates that every individual shall have the right
to have his cause heard. This comprises:
a) The right to appeal to competent national organs against acts violating his
fundamental rights ...;
b) the right to be presumed innocent until proved guilty by a competent court or
tribunal;
"~i~,:~~;_,iJl
'
' ~ .. ""
c) the right to defense, including the right to"be defended by counsel of his
choice;
d) the right to be tried within a reasonable t~meby an impartial court or tribunal.
It also provides that no one may be condemned for an act or omission which did
not constitute a legally punishable offence at the time it was committed, no
penalty may be inflicted for an offence for which no ,provision was made at the
time it was committed, and that punishment is per$Qnal and can be imposed
only on the offender.
221.
Article 26 provides, "State Parties to the present Charter shall have the duty to guarantee
the independence of the Courts and shall allow the establishment and improvement of
appropriate national institutions entrusted with the promotion and protection of the rights
and freedoms guaranteed by the present Charter;"
222.
The Commission has held that Article 26 is 'inextricably linked' to the right to a fair
trial in Article 7,90 that if'ls 'the necessary appendix of Article 7',91 and that Article 7
is 'complemented by' the duty'
Article 26.92 It will therefore in this case, proceed
to examine the claims on the violation of these rights, in this light.
in
223.
With reference to Article 7, the Complainants claim that the Respondent State has
denied them the right to be heard. They contend that they were obstructed by the
military policefrom getting an order from the Senior Public Prosecutor to have their
cause heard by a competent court, and allege that this constitutes a prima facie
violation of Article 7 (1) of the African Charter.
224.
They further carp that the demolition of their house and destruction of properties,
the seizure of their lawyer's passport, the travel restriction on him, and the
punishment given to him were not authorized by law and not declared by the
judiciary in a fair trial and therefore violates Article 7 (2) of the Charter.
41