Alleged Violation of Article 7 159. The Complainant avers that the Respondent State violated the provisions of Article 7 (1) (d) of the African Charter. This provision guarantees the right to be tried within a reasonable time by an impartial court or tribunal. The Commission has clearly established in its Resolution on the Right to recourse and Fair Trial that anyone deprived of his/her liberty through arrest or detention shall be brought promptly before a judicial authority and shall be entitled to trial within a reasonable time or to be released.93 160. The Complainant was arrested on 10 June 2014 and held in detention for 101 days without charge. The Commission in Constitutional Rights Project v Nigeria has held th.at 'in a criminal case, especially one in which the accused is detained until trial, the trial must be held with all possible speed to minimise the negative effects on the life of a person who, after all, may be innocent' .94 To guarantee expeditious access to justice for persons in detention, the Commission's Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa provides that "judicial bodies shall at all times hear and act upon petitions for habeas corpus ... or similar procedures. No circumstances whatever must be invoked as a justification for denying the right to habeas corpus ... " 95 161. A review of the Emergency and Protection of Public Safety Act 1997 reveal that there exist no effective right to habeas corpus under the Emergency law, thereby preventing the Complainant from having the opportunity of inquiring into the lawfulness of his detention. The Commission therefore finds that 101 days (approximately 3 months) in custody without charges being filed or even an opportunity to challenge the detention is an unreasonable delay, and thus constitutes a violation of Article 7 (1) (d) of the African Charter. Alleged violation of A1·ticle 9 of the African Charter 162. Article 9 (2) of the Charter reads: Every individual shall have the right to express and disseminate his opinions within the law.

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