previously laid down by law. In particular, no one may be arbitrarily arrested or detained.” This provision is given detail and effect by Article 7 of the ACHPR: “1. Every individual shall have the right to have his cause heard. This comprises: a) The right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; The African Regional System 4 b) The right to be presumed innocent until proved guilty by a competent court or tribunal; c) The right to defence, including the right to be defended by counsel of his choice; d) The right to be tried within a reasonable time by an impartial court or tribunal. 2. No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.” The African Commission expounded further on the components of the right to a fair trial in its Resolution on the Right to Recourse and Fair Trial, which provides, among other things, that persons who are arrested must be informed promptly of any charges against them, that the accused should have adequate time to prepare a defence, the right to appeal, and that States should provide legal aid as needed.593 In Rights International v Nigeria, the African Commission emphasised that it considers this resolution to form part of the rights guaranteed under Article 7.594 Rights International v Nigeria was considered at the twenty-sixth session of the Commission, during which the Principles and Guidelines on the Rights to a Fair Trial and Legal Assistance in Africa were adopted.595 These principles provide further detail on the essential requirements of a fair trial, with provisions that the trial be held in public, before an independent and impartial tribunal, AfrCommHPR, Res.4(XI)92: Resolution on the Right to Recourse and Fair Trial (1992). Rights International v Nigeria, AfrCommHPR, Communication No. 215/98, 26th session, 1–15 November 1999, §29. 595 AfrCommHPR, Res.41(XXVI)99: Resolution on the Right to Fair Trial and Legal Aid in Africa (1999). 593 594 134