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.
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