209. It further alleged that the Applicant's dilatory behaviour largely
affected his interests through the multiple appeals he filed with two different
lawyers.
210. As mentioned above, the Applicant cannot be penalised for having
made use of the various procedures available to him to pursue his defence.
An Applicant is not obliged to cooperate actively to expedite proceedings
that may lead to his own conviction.
211. In this sense the Defendant's arguments cannot be accepted to justify
the delay in the trial of the Applicant, which has long since exceeded the
legal time limit for pre-trial detention provided for in the aforementioned
legal provision.
212. Accordingly, this Court concludes that the conduct of the Defendant's
agents constitutes a violation of Articles 7 (d) of the African Charter, 9 (3)
and 14 (3) (c) and (5) of the ICCPR, and the Applicant's claim therefore
stands in this point.
X- REPARATIONS
213. The Applicant seeks compensation of 500,000,000 FCFA for the
damage suffered.
214. In the instant case, it has been demonstrated that the Defendant State,
through its agents, has violated the Applicant's rights to liberty and security
and to be tried within a reasonable time as set forth above, which confers
upon him the right to reparation in accordance with the principle of
international law which states that: “everyone who has suffered a violation
of his human rights is entitled to just and equitable reparation”, this taking
into consideration that in matters of human rights violations, full reparation
is, as a rule, impossible. (See Judgment No. ECW/CCJ/JUD/01/06, rendered
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