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Human and Peoples' Rights
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Collective Responsibility
independence on the part of the Judiciary as a whole. This would be condoning
unilateral and unproven views of the Complainant as a litigant against the
members of the Judiciary, which is untenable.
169. The Commission finds that these allegations are not sufficiently substantiated
and cannot be considered as solid evidence to warrant a pronouncement against
the independence of the entire judiciary of Respondent State. Accordingly, the
Complainant's allegations of violation of Article 26 of the Charter on said grounds
must be dismissed and the Commission so declares.
170. The Commission will now proceed with a determination of a possible violation
under the second part of article 26. The second part of article 26 requires states to
"allow the establishment and improvement of appropriate national institutions
entrusted with the promotion and protection of the rights and freedoms
guaranteed by the present Charter".
171. The Commission has clarified that '"'The establishment of national institutions"
translate to establishing courts to protect individuals frorJJ, abuse from the State. However,
it could also be interpreted to mean establishing institutions which also have the mandate
to create mechanisms for protection. Essentially therefore, the Respondent State has a duty
to provide the structures and mechanisms necessary for the exercise of the right to fair
trial." 67
172. The information on record clearly indicates that rule of law institutions are
present in the Respondent State. These include the judicial institutions which the
Complainant himself has been turning to in order to seek redress for his
grievances, with a double degree of jurisdiction and opportunity for second appeal
from the Intermediate Court to the Supreme Court, to the Judicial Committee of
the Privy Council.
67 Communication 323/06, n24 above, paras 235.
68 n46 above, Section A 4(b).
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