Charter and other international instruments that the Respondent State is a party to. 209. From the foregoing, the African Commission concludes a violation of Article 5 of the African Charter by the Respondent State because the acts committed amounted to inhuman treatment and investigations were not AC HP R conducted. Alleged violation of Article 7(1) (a) and 26 of the African Charter (Right to Fair Trial and Independence of the courts) 210. The Complainants allege a violation of Article 7(1) (a) and 26 of the African Charter respectively. 211. Article 7(1) (a) states that; “Every individual has a right to have his cause heard which comprises the right to appeal to competent national organs against acts violating his fundamental rights.” 212. Article 26 on its part provides that: “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”. 213. With respect to the alleged violation of Article 7(1) (a) of the African Charter, the Complainants aver that the Victims did not have a right to an impartial and objective investigation, as well as an appeal process, which in their view shows lack of independence of the PPO and the Appeal Chamber. 61

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