in violation of Article 7 (1) (c) of the Charter. The Commission further finds that by denying the Victim access to counsel, the Respondent State also failed to provide one of the basic procedural safeguards against torture, contrary to the State’s obligations under Guideline 20 (c) of the Robben Island Guidelines. 292. The Complainants allege a violation of the Victim’s right to be tried within a reasonable time under Article 7 (1) (d) of the Charter. The Commission observes that the Victim was held in administrative detention for over 15 years, without being charged or tried. The Commission notes that “no circumstances whatsoever, whether a threat of war, a state of international or internal armed conflict, internal political instability or any other public emergency, may be invoked to justify derogations from the right to a fair trial.”102 The Commission has previously held that detention of individuals without charge or trial is a clear violation of Articles 6, 7 (1) (a) and 7 (1) (d) of the African Charter.103 The Commission therefore concludes that the Respondent State has violated Article 7 (1) (d) by failing to try the Victim within a reasonable time. 293. In view of the above, the Commission finds a violation of Articles 7(1)(b), 7(1)(c), and 7(1)(d). Alleged violation of Articles 7 and 26 of the Charter 294. The Complainants allege that the failure of the government to enforce the court release orders and the lack of independence of the State Security Emergency Courts violates Articles 7 (1) (a) and 26 of the Charter. Article 7(1)(a) of the Charter states every individual shall have the right to have his cause heard, including the right to an appeal to competent national organs against acts of violating ones fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force. 295. Article 26 of the Charter states that “State Parties to the [Charter] shall have the duty to guarantee the independence of the Courts […].” Lack of enforcement of court release orders 296. The Principles and Guidelines on the Right to Fair Trial provide that “[e]very State has an obligation to ensure that: any remedy granted shall be enforced by competent authorities.”104 In Antonie Bissangou v. Congo, the Commission held that the right to be heard guaranteed by Article 7 of the African Charter includes the right to the execution of a judgment.105 The Commission has also previously held that “[a] combined reading of Articles 7 and 26 brings to the fore two core issues having access to appropriate justice and the other relating to the independence of the justice system. These two issues constitute the bedrock of a sound justice delivery system. The African Commission believes that the right to a fair trial is Principles and Guidelines on the Right to Fair Trial, R. Constitutional Rights Project and Civil Liberties Organisation v. Nigeria (n 90 above), para 28. 104 Principles and Guidelines on the Right to Fair Trial, C (3). 105 Communication 253/02 – Antonie Bissangou v. Congo, (2006) ACHPR para 75. 102 103 48