(2)The commanding officer shall have power to determine whether further detention shall continue beyond a period of 24 hours. (3)Where a person subject to service law under this Act, having been taken into service custody, remains under arrest for a longer period than eight days without a court-martial for his trial being assembled—(a) a special report on the necessity for further delay shall be made by the commanding officer to the prescribed authority in the prescribed manner; and(b)a similar report shall be made to the like authority and in the like manner every eight days until a courtmartial is assembled or the offence is dealt with summarily or the person is released from arrest, the total period of such further detention not exceeding ninety days”. From the above provision, it is clear that a person under service law who has been remanded in custody must be brought before a court-martial within a period not exceeding ninety (90) days. The Applicant in this case was detained from 8th April 2012 to 9th November 2013 approximately 19 months without trial. This is in clear violation of the laid rules in the AFA as shown above. 61.From the analysis deriving from this Court, the international jurisprudence and the provision of the Armed Forces Act on the reasonableness of detention period, The Court can only come to the inevitable conclusion that the pre-trial detention of the Applicant for 19 months was The Court finds was inordinate and unjustified. The allegation is well founded and the Court holds that the Respondent has violated the Applicant’s right to have his cause heard within a reasonable time contrary to Article 7 of the Charter. 27

اختر الفقرة المستهدفة3