222.
The issue of the appeal process being impartial or independent in itself,
and as a result, showing the lack of impartiality and independence of the
Appeal Chamber and the PPO does not fall within the ambit of Article 7
and 26 of the African Charter.
223.
According to the Principles and Guidelines of the Right to Fair Trial,
impartial and independent tribunals shall amongst other things:
be
AC
HP
R
established by law to have adjudicative functions to determine matters
within their competence on the basis of the rule of law and in accordance
with proceedings conducted in the prescribed manner;81 not have any
inappropriate or unwarranted interference with the judicial process nor
shall decisions be subject to revision except through judicial review;82
independent from the Executive branch;83 and the Government shall
respect that independence;84 base its decision only on objective evidence,
arguments and facts presented before it.
224.
In the facts before the African Commission however, apart from alleging
that the process of Appeal in the Appeal Chamber and the PPO lacked
impartiality and independence due to the reasons provided, the
Complainants have not substantiated the extent to which it did so, or
given enough reasons to support the allegations that both Institutions
were not impartial and independent according to the criteria provided by
the Principles and Guidelines of the Right to Fair Trial.
Thus in the
absence of any information, substantiated by relevant evidences to
81
Principles and Guidelines on Fair Trial, Section A 4(b)
82
Ibid Section A 4(f).
83
Ibid Section A(4)(g).
84
Ibid Section A(4)(a).
65
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents