hearing by a competent, independent and impartial tribunal established by
law.(…)”
In the determination of any criminal charge against him, everyone shall be
entitled to the following minimum guarantees, in full equality:
(…)
b) To have adequate time and facilities for the preparation of his defence
and to communicate with counsel of his own choosing;
171. The right of defense provided in Article 7 (c), of the Charter includes
not only the right to choose one’s defense but also to have an adequate
opportunity to prepare one’s defense.
172. This subparagraph should be interpreted in conjunction with Article 14
(3) of the International Covenant on Civil and Political Rights.
173. In this regard the African Court in the case OSGAR JOSIAH v. UNITED
REPUBLIC OF TANZANIA, Application No. 053/201 6, March 28, 2019,
para. 66, wrote that: “The Court notes that Article 7 (1) (c) of the Charter as
indicated above, provides for the right to defense, including the right to be
defended by counsel of one's choice. This Court has consistently interpreted
this provision in light of Article 14 (3) (d) of the International Covenant on
Civil and Political Rights (ICCPR), which establishes the right to free legal
counsel and determined that the right to defence includes the right to be
provided with free legal assistance in circumstances where the interest of
justice so require.”
174. It should be noted that the first sentence of Article 14(1) guarantees, in
general terms, the right to equality before the courts or tribunals. This
guarantee does not only apply to the courts and tribunals referred to in the
second sentence of this paragraph of Article 14, but must also be respected
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