under international law for establishing cruel, inhuman and degrading treatment or
punishment. The Court therefore finds that the Applicant’s right under Article 5 of
the Charter as it relates to any cruel, inhuman and degrading treatment or
punishment has not been violated as the claim is unfounded and the Court so holds.
The claim is therefore dismissed.
56. On the right to have his cause heard within a reasonable time.
The Applicant contend that the Respondent State violated his right to have his case
tried within a reasonable time contrary to the provisions of Article 7 of the Charter,
having been detained for a period of 19 months from April 2012 prior to his trial, to
9 November 2013, without trial. Section 7 1(d) of the C53harter guarantees the right
of an accused to be “tried within a reasonable time by an impartial court and
tribunal”. This guarantee is one of the fundamentals of the right to fair hearing. This
Court recognizes this guarantee when it held in Tandja v. Republic of Niger (2010
CCJELR) pg. 130 and in Federation of African Journalists and Others v. The
Republic of the Gambia Pg. 50 that “A person detained on a criminal charge has
the right to trial within a reasonable time or to be released pending trial.” The
Court also held In Col. Mohammed Sambo Dasuki (Rtd) V. Federal Republic of
Nigeria ECW/CCJ/JUD/23/16 Unreported, that:
“Deprivation of a person’s liberty must at all times be objectively
justified in that the reasonableness of the grounds of detention must
be assessed from the point of view of an objective observer and based
on facts and not merely on subjective suspicion”.
57. Other international law jurisprudence have affirmed same as seen in decisions
of the Inter-American Court on Human Rights, in Application No 17140/05,
Judgment of 24 April 2008; Kempf and others v Luxembourg, para 48; European
Court of Human Rights in Ruiz Mateos v Spain, Judgment of 23 June 1993 para
30; Application No 21444/11, Judgment of November 5 2015, Henrioud v
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