E. Right to a Fair Trial: Articles 7 and 26 67. Every fair trial should be guided by the principle of the presumption of innocence as stipulated in Article 11 paragraph 1 of the Universal Declaration of Human Rights and established by Article 20 of the Constitution of Niger. Article 117 of Niger’s Constitution provides that justice is administered in the country on behalf of the people and strictly in accordance with the rule of law as well as the rights and freedoms of every citizen. Judgments handed down by the courts are binding on all, i.e. both the authorities and the citizenry. 68. 69. Article 118 establishes the independence of judges who are only subject to the law in the discharge of their duties. Since the last report was submitted, the law on the organization of the Judiciary has been reviewed through the setting up of new courts and the strengthening of the already existing ones. 70. Thus, Article 1 of Law No. 2018-37 of 1 June 2018 repealing Law No. 2004-50 of 22 July 2004, which determines the organization and jurisdiction of the courts in the Republic of Niger provides that “criminal justice is administered…by the Supreme Court of Appeal, Appeals Courts, Courts of Assizes, High Courts, Court Martial, magistrates’ courts, juvenile courts, community district courts, specialized centre for economic and financial cases and the anti-terrorism legal centre.” 71. The meeting of the High Judicial Council held on 30 July 2019 and chaired by the Head of State appointed magistrates for some new courts established by Law No. 2018-37 of 1 June 2018. This will no doubt enhance the access to justice by the people as well as facilitate their access to legal services. 72. As a consequence of the right to a fair trial, a number of principles are being applied when people appear before all courts in Niger, particularly the presumption of innocence, public hearings, submissions by both parties, respect of the right of the defence, right to appeal, reasons for judgments, notification of appeals procedures, etc. 73. By way of illustration, we can mention below the legal provisions which help to ensure that the requirements of a fair trial are met. Thus, Article 2 of Law No. 2018-37 of 1 June 2018 specifies that “hearings, except otherwise provided by law, shall be in public; unless the public hearing poses a danger to public order or morality, the court to which a matter is referred shall order it to be in camera through a judgment or an interlocutory order.” 74. Article 3 of the same law provides that “in all cases, judgment shall not be passed on anyone, unless he has been able to state his case. Counsel shall have unfettered access to the courts. Accused persons shall be free to choose Defence and counsel. In all cases, the judge shall observe and ensure the observance of the principle of submission by both parties. He shall not base his decision on the arguments he noted on his own without first asking the parties to submit their observations.” 75. 76. Article 5 of Regulation No. 5 /CM/UEMOA of 25 September 2014 which came into force on 1 January 2015 provides that counsels assist their clients right from the time they were arrested during the preliminary investigation at the police station, gendarmerie post and at the prosecutor’s 27

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