African Commission of the opposite view, it cannot invalidate the submission by the complainants regarding the inexistence of a fair justice system. 209. The African Commission will look into the issue of the right to counsel of ones choice. This right as enshrined in Article 7(1) (c) of the African Charter122 is an important right which underpins several others, such as freedom from ill-treatment and the right to prepare a defence.123 In the Principles and Guidelines on Fair Trial, the African Commission considered that in proceedings relating to criminal charges, legal representation is the “best means of legal defence against infringements of human rights and fundamental freedoms”.124 Such right to counsel applies during all stages of any criminal prosecution “including preliminary investigations in which evidence is taken, periods of administrative detention, trial and appeal proceedings. Article 7 is explicit that the right is to counsel of the detainee or defendant‟s choice. It comprises the right to timely and confidential consultations with that counsel.125 Where the accused either had no access, or only restricted or delayed access, to lawyers, the African Commission has found a violation of Article 7.1(c) 126 210. In the instant case, none of the Victims had lawyers present at the critical early interrogation stage. It is submitted by the Complainants and not refuted by the Respondent State that on 23 November 2004 a group of human rights lawyers submitted a specific request to the Public Prosecutor‟s Office 122 Art. 7(1) of the Charter guarantees “the right to defence, including the right to be defended by counsel of his choice.” 123 Amnesty International and others v. Sudan (above, n. 27), para. 64. 124 See Principles and Guidelines on Fair Trial (above n. Section N(2)(a). 125 As noted by the Human Rights Committee in relation to the right to a lawyer under the ICCPR “[c]ounsel should be able to meet their clients in private and to communicate with the accused in conditions that fully respect the confidentiality of their communications. Furthermore, lawyers should be able to advise and to represent persons charged with a criminal offence in accordance with generally recognised professional ethics without restrictions, influence, pressure or undue interference from any quarter” (Human Rights Committee, General Comment No. 32 (above, n. 60), para. 34. 126 See Malawi African Association and Others v. Mauritania). 64

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