162. In determining whether or not the Respondent has violated the Applicants' right to
fair trial by not providing legal aid, the Court will have recourse to the elements of
the right to fair trial guaranteed under the African Charter and other international
human rights instruments ratified by the Respondent.
163. The relevant provision of the African Charter in this regard is Article 7(1 )(c) of the
Charter. It provides that:
"Every individual shall have the right to have his cause heard. This
comprises:
(a) .. .
(b) .. .
(c) the right to defense, incfuding the right to be defended by
counsel of his choice;"
164. Article 7 of the Protocol provides that:
"The Court shall apply the provision of the Charter and any other relevant
human rights instruments ratified by the State concerned.
11
165. In view of the fact that the Respondent ratified the International Covenant on Civil
and Political Rights (ICCPR) on 11 June 1976, in accordance with Article 7 of the
Protocol, the Court can not only interpret Article 7(1 )(c) of the Charter in light of the
provisions of Article 14(3)(d} of the ICCPR but also apply the latter provisions.
166. The Court notes that Article 14(3)(d) of the ICCPR is more elaborate than Article
7(1 )(c) of the Charter; it reads as follows: