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84.
Death penalty has never been carried out in the Sahrawi State even though it is
stipulated in the Penalty Act in one specific case relating to pre-meditated murder after
insistence.
5.
85.
The Right to Fair Trial (Article 7 of the Charter)
To ensure justice and protect the citizen from any oppression or injustice, the
Sahrawi State adopted a complete judicial system with all its legal structures by
incorporating in its Chapter Three, Part Two on Powers, the following:
The Judiciary is independent and operates within the framework of the law;
The Judiciary is accessible to all and is based on legality and equality;
Provides guarantee of fair trial where all court sittings are made public and
can only be in camera within the limits of the law;
All state apparatus and institutions are bound by the provisions of the law at
all times and in all cases;
All citizens are equal before the law and they all have the right to resort to
the law without any form of discrimination;
The law protects litigants from any arbitrary treatment by the Judiciary;
The State ensures the independence of the judiciary and protects litigants
from all forms of pressure and interference that may affect the way the
judiciary functions and judgements are delivered;
The State is committed to compensate victims for any possible judicial
errors;