{"id":13764,"date":"2022-11-08T17:10:51","date_gmt":"2022-11-08T14:10:51","guid":{"rendered":"https:\/\/www.african-court.org\/afchpr\/?page_id=13764"},"modified":"2022-11-08T17:38:57","modified_gmt":"2022-11-08T14:38:57","slug":"fees-and-legal-aid","status":"publish","type":"page","link":"https:\/\/www.african-court.org\/afchpr\/fees-and-legal-aid\/","title":{"rendered":"Fees and Legal Aid"},"content":{"rendered":"\n

Legal Aid Scheme of the Court<\/strong><\/p>\n\n\n\n

In 2012, the African Court on Human and People\u2019s Rights (Court) set up the Legal Aid Scheme of the Court to support unrepresented Applicants to access free legal assistance services in their cases before the Court in the interest of justice and within the limits of the financial resources available. The Legal Aid Scheme is governed by the Legal Aid Policy which was first adopted in December 2012 and as reviewed in 2016. It is managed by the Legal Aid Unit of the Court on behalf of the Registrar of the Court. The funding from the Scheme is currently derived from the Court\u2019s operational budget [composed of assessed contributions of the Member States of the African Union].<\/p>\n\n\n\n

Legal Framework<\/strong><\/p>\n\n\n\n

Article 10(2) of the Protocol to the African Charter on Human and Peoples\u2019 Rights on the Establishment of the African Court on Human and People\u2019s Rights provides that \u201cAny party to a case shall be entitled to be represented by a legal representative of the party\u2019s choice. Free legal representation may be provided where the interests of justice so require.\u201d<\/p>\n\n\n\n

Rule 31 of the new Rules of the Court adopted on 26 June 2020, provides for representation and legal assistance. It states that:<\/p>\n\n\n\n

\u201c<\/p>\n\n\n\n

    \n
  1. Every party to a case shall be entitled to be represented or to be assisted by counsel and\/or by any other person of the party\u2019s choice.<\/li>\n\n\n\n
  2. Pursuant to Article 10 (2) of the Protocol, the Court may, upon request or suo motu, decide to provide, in the interest of justice and within the limits of the financial resources available, free legal assistance to any party at any stage of the proceedings.<\/li>\n\n\n\n
  3. The Court shall maintain a Legal Aid scheme for the purpose of implementing this Rule. <\/li>\n\n\n\n
  4. The Court shall collaborate with the AU Commission in the management of the African Union Legal Aid Fund for African Union Human Rights Organs.\u201d<\/li>\n<\/ol>\n\n\n\n

    The Code of Conduct for Counsel appearing before the African Court on Human and Peoples\u2019 Rights provides guidance to counsel on the appropriate conduct towards the Court and their clients in the course of representation before the Court. The Code complements the provisions of the Rules of Court and Practice Directions. The Legal Aid Policy, 2016 provides for management of the Scheme.<\/p>\n\n\n\n

    Criteria for granting legal aid<\/strong><\/p>\n\n\n\n

    Only individuals and groups of individuals acting solely or jointly can qualify for free legal assistance. Legal assistance may be requested at the time of filing the application or any time thereafter preferably using the Application Form for Legal Assistance\/Aid or in the Application instituting the action. Legal assistance is granted if the Applicant has demonstrated indigence, for equality of arms and if it is in the interest of justice. Legal assistance can be granted at the request of the Applicant or suo motu, at the Courts own instance.<\/p>\n\n\n\n

    How to apply for legal aid<\/strong>?<\/p>\n\n\n\n

    \"\"<\/figure>\n\n\n\n

    The simple steps are:<\/p>\n\n\n\n

    External Application for Legal Assistance<\/strong><\/a> – Download<\/a> <\/p>\n\n\n\n

    <\/div>\n\n\n\n