79. The Court has held that Article 7(1)(c) of the Charter, as read together with Article 14(3)(d) of the International Covenant on Civil and Political Rights (hereinafter referred to as “ICCPR”), guarantees anyone charged with a criminal offence the right to be automatically assigned a counsel free of charge where he cannot afford to hire a lawyer, whenever the interests of justice so require.28 As such, the right to free legal assistance is derived from a joint reading of these two provisions as a part of the general right to a fair trial.29 80. The Court recalls its decision in African Commission on Human and People’s Rights v. Libya that “every accused has a right to be effectively defended by a lawyer, which is the heart of the notion of a fair trial”.30 The Court has also previously considered the issue of effective representation in Evodius Rutechura v. United Republic of Tanzania31 where it held that the right to free legal assistance comprises of the right to be defended by counsel. However, the Court emphasizes that the right to be defended by counsel of one’s choice is not absolute when counsel is provided through a free legal assistance scheme.32 In such a case, the important consideration is whether the accused is provided with effective legal representation rather than whether he or she is allowed to be represented by a lawyer of their own choosing.33 81. The Court considers that, “effective assistance of counsel” comprises two aspects.34 First, defence counsel should not be restricted in the exercise of representing his client. Second, counsel should not deprive a client of 28 Thomas v. Tanzania (merits), supra, § 124. 29 Reuben Juma and Gawani Nkende v. United Republic of Tanzania, ACtHPR, Consolidated Application No. 015/2017 & 011/2018, Judgment of 5 September 2023 (merits and reparations), § 24. 30 African commission on Human and Peoples’ Rights v. Libya (2016) 1 AfCLR 153, §§ 93-97. 31 Evodius Rutechura v. United Republic of Tanzania (merits and reparations) (26 February 2021) 5 AfCLR 7, § 73. 32 Gozbert Henerico v. United Republic of Tanzania, ACtHPR, Application No. 056/2016, Judgment of 10 January 2022 (merits and reparations), §, 106; and Evodius v. Tanzania (merits and reparations), supra, § 73. 33 Evodius v. Tanzania, ibid,; and Henerico v. Tanzania, ibid. 34 Henerico v. Tanzania, ibid, § 107. 21