the requirement that legal assistance must be made available to an accused faced with a capital crimes applies not only to the trail and relevant appeals, but also to any preliminary hearing relating to the case. 179. The African commission, therefore, notes that there is no disputed that the victims were unrepresented at the preliminary investigation stage, and notwithstanding the Respondents State‟s assertion that it is not the responsibility of the State authorities to pay for such legal aid, it finds that it is axiomatic that legal assistance be available in capital cases, at all stages of the proceedings, especially when there were request from human rights lawyers to represent the victims. It should be understood by the Respondent State that there a positive obligation on them to provide access to independent legal assistance under the Charter, inherent in the international prohibition of torture and ill-treatment. The African Commission has recognized the right to access to a lawyer as one of the “basic procedural safeguards for those deprived of their liberty”91 and as one of the necessary safeguards against abuse during the pre-trial process.92 180. The link between the prevention of torture and the right to prompt access to a lawyer has likewise been emphasised by other international human rights bodies. In its Resolution 61/153 of 2007, reaffirming the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, the General Assembly stressed that permitting prompt and regular access to legal counsel constitutes an “effective measure […] for the prevention of torture and other cruel, inhuman or degrading treatment and punishment.”93 Similarly, the Human Rights Committee has stated that the protection of detainees from torture and ill-treatment “requires that prompt and regular 91 See Robben Island Guidelines (above n. para. 20. 92 Ibid., para. 27. 93 GA Res. 61/153, 14 February 2007, para. 11 53

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