[2000] ACHPR 21

[2000] ACHPR 21

The Commission found that the refusal by the Ngozi Court of Appeal to adjourn the hearing in the absence of Mr. Bwampamye's counsel, particularly in a capital case, violated the right to equal treatment and the right to defence as guaranteed by Article 7(1)(c) of the African Charter. The Commission emphasized that...

Source-derived case information.

Citation
[2000] ACHPR 21
Parties
Applicant: Avocats Sans Frontières (on behalf of Gaëtan Bwampamye); Respondent: Republic of Burundi
Court
African Commission on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
6 November 2000
Case Number
Communication 231 of 1999
Procedural Posture
Human Rights Communication / Decision on Merits After Admissibility
Outcome
Violation of Article 7(1)(c) of the African Charter found; recommendations issued to Burundi.
Legal Topics
Right to Fair Trial, Right to Legal Assistance, Due Process, Death Penalty Procedure
Source Language
english
Constitutional Law Criminal Law Right to Fair Trial Right to Legal Assistance Due Process Death Penalty Procedure

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Parties

Avocats Sans Frontières (on behalf of Gaëtan Bwampamye)

Applicant

Republic of Burundi

Respondent

Procedural Posture

Human Rights Communication / Decision on Merits After Admissibility

Legal Issues

  1. 1 Whether the refusal to adjourn the hearing in the absence of the accused's counsel violated the right to a fair trial under Article 7(1)(c) of the African Charter.
  2. 2 Whether the failure to provide legal assistance at a critical stage of a capital case constitutes a breach of the right to defence and judicial assistance.
  3. 3 Whether Burundian law and judicial practice comply with international fair trial standards.

Ratio Decidendi

The Commission found that the refusal by the Ngozi Court of Appeal to adjourn the hearing in the absence of Mr. Bwampamye's counsel, particularly in a capital case, violated the right to equal treatment and the right to defence as guaranteed by Article 7(1)(c) of the African Charter. The Commission emphasized that the right to legal assistance is a fundamental element of a fair trial, especially where the interests of justice so require, such as in cases involving the death penalty. The Supreme Court's position that the judge was not obligated to appoint counsel, despite the gravity of the case and the absence of the accused's lawyer at a critical stage, was found to be inconsistent with...

Court Disposition

Violation of Article 7(1)(c) of the African Charter found; recommendations issued to Burundi.

Orders

  • Burundi is found in violation of Article 7(1)(c) of the African Charter.
  • Burundi is requested to draw all legal consequences of this decision and take appropriate measures to allow reopening and reconsideration of the case in conformity with Burundian law and the African Charter.