until the eve of the trial. Such a state of affairs is obviously a violation of the right to judicial assistance. 76. Article 7(1)(d) of the African Charter establishes the right to be tried within a reasonable time by an impartial court or tribunal. In respect of the right to be tried within a reasonable time, the Commission highlights it in its Resolution on the Right to Remedy and a Fair Trial.24 The Commission also refers to it in its decision Article 19 v. Eritrea to lay particular emphasis on the fact that the circumstances of the Complainant must be taken into consideration and that the seriousness of the alleged acts cannot be a justification for the reasonable time.25 In this case, the Commission has already noted that the preventive detention of the Complainants was unduly prolonged and without trial. 77. The Principles and Guidelines on the Right to a Fair Trial clarifies the meaning of the right to be tried by an impartial court by determining as a relevant fact; the fact that the judicial officer may « have expressed an opinion which would influence the decision-making » or that he may consult a higher authority before rendering a decision.26 As the Commission indicates in the case Civil Liberties Organisations v. Nigeria, impartiality means that the judicial organization does not depend on the exclusive power of the Executive but of the Legislature and that military courts are no exception to impartiality.27 78. In this Communication, the members of the military court were mostly military or serving police officers. The discretionary power of appointment by the President of the Republic in respect of these judges establishes or is likely to establish a hierarchical relationship with higher authority. In these circumstances, the Court would not meet the required standards of an impartial court. As the Complainants were not tried within a reasonable time and by an impartial court, the Commission concludes that the provisions of Article 7(1)(d) were violated. 79. Concerning Article 7(2) of the African Charter which guarantees the right to be sentenced only for actions or omissions previously provided for by African Commission ‘Resolution on the procedure on the right to redress and fair trial’ (1992) para 2(c). 25 Op. cit. paras 96-100. 26 Principles A(5)(c)(2) et A(5)(e). 27 Civil Liberties Organisations and others v. Nigeria op. cit. para 27. 24 16