in all the cases he brought before domestic courts starting from the first judgment No 22538 of 3 November 2010 handed down by the Ben Arous Court of First Instance. According to the Applicant, before it was enshrined in the Constitution, the rule relating to the delivery of decisions in open court was provided only in the Code of Civil and Commercial Procedure. * 101. The Respondent State did not make any submission on this issue. *** 102. Article 7(1) of the Charter provides: “Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal”. 103. The Court also notes that although the Charter does not expressly provide for the right to have judgments delivered in open court, Principle A/9 of the Principles and Guidelines of the African Commission on Human and Peoples’ Rights on Fair Trial and Legal Assistance in Africa, 2003, provides that any decision ensuing from a civil or criminal trial shall be delivered in open court. 23

Sélectionner le paragraphe cible3