28 5/ the right to a fair hearing: Article 7 of the Charter Justice is what best characterizes the rule of law for which the Central African Republic aspires so deeply. Thus the necessary guarantees for a fair judgement which are enshrined in the Charter are recognized by the Central African Republic. From 1959 to 1976, the various Constitutions paid special attention to the right to a fair hearing. The Constitution of 5th February 1981, in its Article 2, parag. 2 stipulates: « the freedom of the individual is inviolate. Therefore, no one can be condemned except by virtue of a law which entered into force before the act was commited; defense is an absolute right in all situations, at all stages and under all forms of the proceedings» ; Article 3 stipulates: « all human beings are equal before the law. .. » The 28th November 1986 Constitution re-affirms in its preamble that: « free access to justice should enable every individual to defend his/her rights in conformity with the laws in force. No one can be charged except by virtue of a law which existed prior to the offence commited ». The 14th January 1995 Constitution, in its Article 1, parag.2 stipulates: « No one can be detained arbitrarily. Any defendant is presumed innocent until his/her guilt is established following proceedings which have provided the guarantees indispensable for his/her defense». Article 5 stipulates: « All human beings are equal before the law ». The 27th December 2004 Constitution, in its Article 3, parag.4, stipulates « No one can be arbitrarily arrested or detained. Any defendant is presumed innocent until his/her guilt is established following proceedings which have provided the guarantees indispensable for his/her defense. The legal detention period should be respected – No one can be condemned except by virtue of a law which entered into force before the committed act – the rights to defense should be freely exercised before all the jurisdictions and administrative services of the Republic ». Equality before justice is a general principle of law which today has a constitutional value. However, this principle is better clarified by the Penal Code and the Criminal Law Code harmonised with the OHADA Code. The separation of powers constitutes a guarantee for the independence and impartiality of the Central African justice system. Equality before justice as enshrined in the Charter is recognized by the Central African Republic through the various national texts, among which figures the provision of legal assistance to individuals without means, in accordance with the conditions

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