The Court therefore finds that in the absence of such record in proof of the
existing visitation record, that the Applicants families’ and Counsel were not
allowed access to visit their love ones whilst families which directly affects
the Applicant right to the dignity of their family.
iv.
RIGHT TO FAIR TRIAL
The Applicants alleged that throughout the entire trial at the national court
there was an environment of intimidation characterized by fear and
denial of their right to fair hearing and the right to make a statement before
sentencing, the Respondent maintained that the rights to a fair hearing was
adequately complied with all through the proceedings at the national Court.
Right to fair hearing includes amongst others the Right to:
a. Right to be presumed innocent until proven guilty by a neutral Court
of competent Jurisdiction.
b. To be heard before a free and fair Court of Competent Jurisdiction
c. To be defended including the Right have counsel of Choice
d. Right to access the courts devoid of any intimidation
e. Right to Appeal
f. Right to Equality before the Law
g. Unfettered accessed to counsel.
The provision of Article 7 (c) of the ACHPR provided as follows:
Every individual shall have the right to have his cause
heard. This comprises:
“The right to defense, including the right to be defended by
counsel of his choice”
In more clear terms, Article 14 (3) (d) International Convention on Civil and
Political Rights provides as follows:
In the determination of any criminal charge against him,
everyone shall be entitled to the following minimum guarantees,
in full equality:
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