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
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African Commissio
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