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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