litigant had, in the actual judicial practice of the State concerned, adequate facilities to use, that is, (...) the adequate time to prepare his defence. 36 125. It is obvious that jurisprudence agrees on the need to provide opponents with equal arms in the duel of arguments between them. On a subject of such importance, the doctrine considers equality of arms to be the “cornerstone of the notion of a fair trial.”37 126. Although the expression “equality of arms” does not appear in the African Charter, the Commission refers to it in order to stress the need for fairness, independence and impartiality not only as factors, but also as an independent component of a fair trial. The Commission also considers this requirement so crucial that it has adopted specific Guidelines on the meaning, substance and scope of fair trial. The Guidelines thus stipulate that: “The essential elements of a fair hearing include: (a) equality of arms between the parties to a proceedings, whether they be administrative, civil, criminal, or military; (…); (e) adequate opportunity to prepare a case, present arguments and evidence and to challenge or respond to opposing arguments or evidence (…)”.38 127. In this Communication, the Complainant was deprived of the opportunity to produce his file. In addition to the fact that the Complainant’s right to defence was restricted, he was not notified of the filing with the Administrative Registry of the notices issued by the Public Prosecutor in respect of the three cases numbered RA 444 and 445 for Pharmakina Company and 452 for the Complainant, as required under Article 8 (2) of the Rules of Procedure of the Supreme Court of the DRC. 128. In response to the argument that the Supreme Court lacked jurisdiction and that the Complainant’s right to defence was violated, the Respondent State argues once again that the Complainant failed to produce the decision Frank Robinson v. Jamaica (30 March 1989) Communication No. 223/1987, U.N. Doc. CCPR/C/35/D/223/1987 (1989). Highlighted by the Commission. 37 D Jean-Pierre & Mélin-Soucramanien “The Principle of Equality of Arms” (1993) Journal of Legal Research, cited by G Canivet in “Equal Access to the Supreme Court” http://www.courdecassation.fr/publications_cour_26/rapport_annuel_36/rapport_2003_37/deuxieme_ partie_tudes_documents_40/tudes_theme_egalite_42/cour_cassation_6249.html (accessed on 15 March 2013). 38 Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa (2001), Principles A (2) (a) and (e). 36 25