« All individuals shall be entitled to free movement within the territory and to take up residence. This right may be subjected to restrictions where such are set forth in the law, necessary for the safeguard of national security, public health or public morality. All individuals shall be entitled to seek for and enjoy asylum in the face of persecution. ». e) The right to a fair trial (Article 7 of ACHPR ) The 20th January 2002 lays down in article 8 : « All citizens shall be equal before the law… ». The provision is echoed in article 9 : «No individual shall be arbitrarily charged, arrested or detained. All accused persons shall be presumed innocent until proven guilty by a process which guarantees him/her right to defence........... ». The Charter on Rights and Liberties sets forth for its part in paragraph b of article 9 : « …The right to the presumption of innocence up to the time of definitive proof of guilt....... ». Paragraph c : « The right to defence, including that of being assisted by a legal practitioner of one’s choice. ». Paragraph d : « The right to be tried by an independent court, in accordance with the law, within a reasonable period and to the extent possible, defined by the texts in force. ». f) The right to participate in the management of public affairs (Article 13 ACHPR) In the Republic of Congo, after the Sovereign National Council, all citizens who meet the conditions could elect, be elected and participate in the management of public affairs. This right is guaranteed by article 22 of the Charter on rights and liberties: « All citizens shall have the right to participate in the management of public affairs either directly or through the intermediary of designated representatives. All citizens shall have the right to accede under the same conditions to public office in his country. The will of the people shall be the foundation of the authority of public authority. This right shall be expressed in regular and periodic elections through universal suffrage and by secret ballot or through an equivalent system which ensures the freedom to vote. » In Congo, this right was recognised for former political exiles who had left the country after the 1997 civil war. Some of them on their return home, following their amnesty, were reelected to Parliament during the 2007 Legislatives. On 10th December 2001, law n°9-2001 on the Electoral Code was adopted by the National Transition Council which served as Parliament in the Republic of Congo, after the war. The law set forth the conditions governing the right of suffrage and the reorganisation of referendum and electoral consultations. The law also laid down the different types of elections. 18