( ~\.ACHPR ~ tr:i, ~u.1.1n,~ African Commission on Human and Peoples' Rights Human Righ1s om Collective Responsibility Courts as they anchor the Complainant's entire case and determine whether the other rights cited were indeed violated. 72. Article 7 of the Charter reads as follows: 1. Even; individual shall have the right to have his cause heard. This comprises: a. the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations, and customs in force; b. the right to be presumed innocent until proved guilhJ by a competent court or tribunal; c. the right to defence, including the right to be defended by counsel of his choice; d. the right to be tried within a reasonable time by an impartial court or tribunal. 2. No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalhj may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender. 73. Article 26 of the Charter provides that: State parties to the present Charter shall have the duhJ to guarantee the independence of the courts and shall allow the establishment and improvement ofappropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter. 74. The impartiality of a Court or Tribunal is an essential element of the right to be heard under Article 7(1)(d). The Commission recalls the findings of the African Court on Human and Peoples' Rights (the African Court) in Amini Juma v United Republic of Tanzania that: "... to ensure impartialihJ, any court must offer sufficient guarantees to exclude any legitimate doubt. However, the Court observes that the impartiality of a judicial authorihJ is presumed, and indisputable evidence is required to refute this presumption. In this regard, the Court shares the view that "the presumption of impartialihJ carries considerable weight, and the law should not carelessly invoke the possibilihJ of bias in a judge" and that "whenever an allegation of bias or a reasonable appreh is made, the adjudicative integrihJ not only of an individual judg 16 I Page NlcJIWIIU Africanf-4\ Union\!i The African Commission on Human and P 31 Bijilo Annex Layout, Kombo West Coast RegiorN~:!:::~_.. Phone: (220) 230 4361 Fax: (220) 441 05 04 S:m::1il · ~1 1-h ~nil 1l(rj):=-frir.~-11nin n nrn