ACH PR African Commission on Human Rights our • Human and Peoples' Rights Collective Responsibility necessary safeguards for detainees and their access to legal representation. It is essential for the Respondent State to address these concerns and make substantive amendments that genuinely improve the protection of human rights within the framework of the NSA. 1 66. In light of these findings, the Commission concludes that denying access to a lawyer and court during the Victim's detention constitutes a clear violation of Article 7 (1) (c) of the African Charter. This provision guarantees the right to be defended by counsel of one's choice. In this case, denying that right has transpired, undermining the Complainant's prospects of receiving a fair trial and leaving him vulnerable to potential human rights abuses. 167. In addition to the above, the Complainant alleges that he was not brought before a Court during his 71 to 78 days of detention. 168. The right to a fair trial encompasses being tried within a reasonable time by an impartial court or tribunal, which holds significant importance in international human rights law, including Article 7(d) of the African Charter. This Commission notes that the right to be tried by an impartial court or tribunal within a reasonable time is a well-established international norm. It guarantees individuals deprived of their liberty through arrest or detention the opportunity to initiate proceedings before a judicial body. 169. It is worth noting that the interplay between the right to a fair trial, the right to be tried within a reasonable time, and the right to legal representation highlights the essential nature of these rights in protecting individuals against arbitrary detention and ensuring that their cases are heard in a timely and impartial manner. Upholding these rights is vital for safeguarding the principles of justice, the rule of law, and the protection of individual liberties. The Commission firmly asserts that the right to a fair trial encompasses 170. the principle of access to appropriate justice. It emphasizes that individuals should have their cases adjudicated by competent and impartial courts capable of delivering efficient and unbiased judgments. This ensures that the legal process is conducted to uphold the principles of fairness, justice, and the rule of law. The Commission recognizes the crucial role of competent and unbiased courts in safeguarding the rights of individuals and maintaining pu the j udicial system. Upholding the right to access appropriate justic Afri�an r:1;1, Union \--,"..1'2 An Organ of tile 39 African Commissio 31 Bijilo Ann ,a Phone: (220) 230 4361 Fax: (220) 441 OS 04 Email: au-banjul@africa-u nion.org https:/achpr.au. int/0 0 a

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