Original: French the benefit of any guarantees during the preliminary proceedings which have been going on up to now, including his interrogation in the absence of a lawyer and the absence of any possibility to rebut the evidence that will be used against him when the trial begins. Moreover, over two (2) years have lapsed since his arrest, and his trial is yet to start. 87. The Applicant further argues that Mr. Kadhafi has no access to any means that would enable him to communicate with his family, friends, lawyers or the outside world. 88. Lastly, the Applicant maintains that these facts are sufficient to establish the violation by the Respondent State of the rights of Mr. Kadhafi as enshrined in Article 7 of the Charter which provides that: "1. Every individual shall have the right to have his cause heard. This comprises: a) The right to an appea l to competent national organs against acts violating his fundamental rights as recognized and guaranteed by conventions , laws, regulations and customs is force ; b) The right to be presumed innocent until proved guilty by a competent Court or tribunal; c) The right to defence, including the right to be defended by counsel of his choice ; d) The right to be tried within a reasonable time by an impartial court or tribunal. 2. No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed . No penalty may be inflicted for an offence for wh ich no provision was made at the time it was committed . offender". Punishment is personal and can be imposed only on the