115. At the Public Hearing, the Respondent State further explained that the Applicant was
not convicted on the basis of any statement made at the police post, but rather on the
testimony
of a witness,
and
therefore
that
his Application
should
be
dismissed
as
unfounded.
116. The Court recalls that according to Article 7 of the Charter:
"Every individual shall have the right to have his cause heard. This comprises...
c) the right to defense, including the right to be defended by counsel of his choice”.
117. The Court notes in the instant case that the Respondent State refutes the allegation
that the Applicant was
not informed
of his constitutional
rights,
but was
unclear
as to
whether he was afforded the right to express himself and to make a written statement to
the police.
118.
As regards the issue of a possible deposition by the Applicant before the Police at
the time of this arrest, the records before the national courts, as submitted to the Court
by the Parties, show that during the pleadings before the trial magistrate, the Applicant
complained,
among
other things, that the Police did not inform him of the reasons for
which he was detained, the offence of which he has been accused and that there was no
trace of his statement to the police in his records. In the circumstances, the Court cannot
but presume that the Applicant’s right to defend himself by submitting a written statement
to the police has not been respected by the Respondent State.
119.
Regarding the allegation that the Applicant at the time of his arrest, was not informed
of his constitutional rights, the records before the national courts show no trace of a police
report detailing such information. Consequently, the Court finds that the Applicant’s right
to be informed of his constitutional rights was not respected by the Respondent State.
120. On the allegation that the Applicant was, upon arrest, not afforded the assistance of
a lawyer, the records show that the Applicant represented himself in court on 14 April, 24
34
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Nb —
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SO