Chapter 7 • The Right to a Fair Trial: Part II – From Trial to Final Judgement “... can only be imposed in accordance with the law in force at the time of the commission of the crime and not contrary to the Covenant. The procedural guarantees therein prescribed must be observed, including the right to a fair hearing by an independent tribunal, the presumption of innocence, the minimum guarantees for the defence, and the right to review by a higher tribunal. These rights are applicable in addition to the particular right to seek pardon or commutation of the sentence.”189 Consequently, where “the final sentence of death” has been “passed without having met the requirements” of article 14, there is also a violation of article 6 of the Covenant, which provides in its second paragraph that a sentence of death may not be imposed “contrary to the provisions of the present Covenant”.190 ***** The African Commission on Human and Peoples’ Rights has likewise held that the execution of 24 soldiers constituted an “arbitrary deprivation” of their right to life as guaranteed by article 4 of the African Charter on Human and Peoples’ Rights, since their trial had violated the due process guarantees laid down by article 7(1)(a) of the Charter.191 Courts must at all times give reasons for their decisions, although they may not have to answer each argument made by the accused. The convicted person is entitled to receive a reasoned judgement within a reasonable time; such judgement is essential for the purpose of lodging appeals. The strict enforcement of these rights is particularly important in capital punishment cases. 3.11 Freedom from ex post facto laws/ The principle of nullum crimen sine lege Article 15(1) of the International Covenant, article 7(2) of the African Charter, article 9 of the American Convention, article 7(1) of the European Convention and article 22 of the Statute of the International Criminal Court all guarantee – in slightly different terms – the right not to be held guilty on account of any act or omission that did not constitute a criminal offence at the time it was committed. Article 15(1) of the Covenant and article 7(1) of the European Convention refer to “national and international law” in this respect, while article 9 of the American Convention speaks 189 United Nations Compilation of General Comments, pp. 115-116, para. 7. See also Communication No. 356/1989, T. Collins v. Jamaica (Views adopted on 25 March 1993), in UN doc. GAOR, A/48/40 (vol. II), p. 89, para. 8.4. 190 Communication No. 356/1989, T. Collins v. Jamaica (Views adopted on 25 March 1993), in UN doc. GAOR, A/48/40 (vol. II), p. 89, para. 8.4. 191 ACHPR, Forum of Conscience (on behalf of 24 soldiers) v. Sierra Leone, Communication No. 223/98, decision adopted during the 28th Ordinary session, 23 October – 6 November 2000, para. 19 of the text of the decision published at http://www1.umn.edu/humanrts/africa/comcases/223-98.html. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 295