(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.
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