ACHPR
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
thereafter throughout the criminal justice precess." A similar protection is also
provided under Article 20 (5) of the Ethiopian Constitution.
142.
The Second Complainant alleges that she was denied access to legal counsel
during the first three months of her detention before she was charged with an offence,
and during this time, she was subjected to many interrogations over a long period of
time. She also had no legal representation during the" charging hearing" because her
lawyers were not given notice of the hearing/ date ~~;~h~~~~~~,rot allowed to hold
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private meetings with her lawyers or discuss ce:t;tali1i('?i.~tails
a~pj.Ither case because
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the meetings were always held in the presence of.a se~ti~,i~)1"gJi'~t9'Wl1o.,~ou19)isten
to their discussions. She was also denied.tl1e/right,to call ~~;,~l<p~r;~i:tIt~~~~~'inher
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her argurpent, tue;')3econd j Compl~i.ri,il1t.'felied on the
defence. In supporting
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Commission's jurisprudence in4VO(~~~r~~ns rro%:tie~~,~,
(on behalfofGaetan
Bwampamye)
v. Burundi; Media Rights Age11"dav. Niglriff:'~ntl EgypHqn:lnitiative for Personal Rights and
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Interights v. Egypt.
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The Commissi.?n.notes 'th:~t~tl}e;tightof iij~<!£5stedperson to have access to a
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lawyer and legalservices without del~~\is one of t~i{fundamental guarantees applied
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in procedurall~w
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especially in ma~tei~<~il~~ngto deprivation of liberty. This is to
ensure that there.is equality of arms ~,'~nd
tFi~'arrested person also has the opportunity
to bedefended appropriately and adequately. In this Communication, the Respondent
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challeng~d::the _Jeiacity of the allegations made by the Second
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Compla~nanC<'~R"
;th~. absence of any counter evidence, the Commission would
therefor~':~~~r#;k;~
its'd~~is"i6nin Avocats Sans Froniieres (on behalfofGaetan Bwampamye)
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v. Burundi. ':yyhereit underlined the importance of equality of arms in criminal
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proceedings=. and holds that the Second Complainant should have been allowed
access to a lawyer without
delay including during the initial and various
interrogations held by the State agents whilst in detention and the charging hearing".
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51 Luanda ~u~delines - Ri~hts .ofan arres~ed p.erson, para 4(d) ~nd Access to legal services, par~f~{a) ~)tPa~~~
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See als~ Principles and, Guidelines to a FaIr Tnal and Legal Assistance, G- Access to lawyers ~(11egal Sen{~(;:e~}T!d
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Legal aid and legal assistance,
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52 Communication No. 231/99 (6 November 2000), para. 27. I
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The African Commissio~
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"Ii;J Human<and'PeBPles~
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3'1 Bijilo Annex Layout, KO~bOJM9r!.h!Iil.!§.t3. '"?
West Coast"R.e"'jpo:Gambia
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Phone: (220) 230 4361 Fax: (220) 441 0504
Email: au-banjul@africa-unioll.orq
https:/achpr.au.intiO
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