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”.
102.
Article 24 of the Constitution of the Republic of Chad provides that “Every defendant shall
be presumed innocent until proven guilty following a fair trial that has provided guarantees necessary
for his defence”.
103.
Act No. 004/PR/98 of 28 May 1998 on the organization of the judiciary provides in its Article
6 that: “Justice shall be administered on behalf of the Chadian people. Only the courts provided for
by law may pass sentences.”
104.
Standards to ensure fair trial include, inter alia:
the independence and impartiality of the courts;
the public nature of public hearings or, in exceptional circumstances, their in-camera nature;
the presumption of innocence, guarantees of the rights of the defence;
access to and guarantee of redress;
the correction of miscarriages of justice and abusive procedures; and
the force of res judicata.
G. Freedom of association
105.
Article 10 of the African Charter stipulates that: “1. Every individual shall have the right to
free association provided that he abides by the law. 2. Subject to the obligation of solidarity provided
for in Article 29, no one may be compelled to join an association.”
106.
Article 27 of the Constitution of the Republic of Chad stipulates that: “Freedom of opinion
and expression, communication, conscience, religion, the press, association, assembly, movement,
demonstration and procession are guaranteed for all”.
107.
In accordance with Ordinance No. 27/INT-SUR/62 of 28 July 1962 on the regulation of
associations and its Implementing Decree No. 165/INT-SUR/62 of 25 August 1962, “Prefects are
responsible for receiving the formation requests of associations that wish to be incorporated within
the jurisdiction of their prefecture”, Article 1, paragraph 1. “After submission of the request to form
an association, the receiving authority shall conduct an investigation to determine the true nature of
the association, its existence and its means of action. The investigation shall also include the bureau
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