confirm the sentence, took place under conditions which genuinely afforded the full guarantees of fair hearing as provided for in Article 7 of the Charter. The above act is also in contravention of Article 26 of the Charter. Article 26 of the Charter states: State parties to the present Charter shall have the duty to guarantee the independence of the courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter. 18. Unfortunately, the Government of Nigeria has not responded to the several requests from the Commission to react to the communication. The African Commission on several previous decisions has set out the principle that where allegations of human rights violations go uncontested by the government concerned, particularly after repeated notifications or requests for information on the case, the Commission must decide on the facts provided by the Complainant and treat those facts as given (see communications Nos. 59/91, 60/91, 64/92, 87/93 and 101/93). 19. In the circumstances, the Commission finds itself compelled to adopt the position that the facts alleged by the Complainant are true. Holding For the above reasons, the Commission Holds a violation of Articles 6 and 7(1)(a), (c) and 26 occurred in this case. Urges the government of Nigeria to order for the release of the four journalists. Kigali, Rwanda, 15th November 1999. 1 Editor's note: It is likely that the reference to Article 24 is a mistake and that the right article is Article 26 3