standard stipulated in the Charter.” In CRP v Nigeria64, the Commission held, inter alia, that: in criminal case, especially one in which the accused is detained until trial, the trial must be held with all possible speed to minimize the negative effects on the life of a person who, after all, may be innocent. The Commission further held that since nearly two years can pass without even charges being filed there was an unreasonable delay and thus, the detainees rights under Article 7(1)(d) were violated. 237. Where there is unacceptable duration, it is the obligation of the Respondent State to adduce specific reasons for the delay. The African Commission agrees with the Complainants that the Respondent State has to prove that the case is complex to justify the delay under consideration. A mere affirmation that the delay was not excessive, as in the instant case, is not sufficient. The African Commission further agrees with the Complainants that even if the Respondent State did not intend to delay the proceedings the African Commission can still review the prejudice the delay has caused the defendants. 238. In its Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, the African Commission observed that „no circumstances whatsoever, whether a threat of war, a state of international or internal armed conflict, internal political instability or any other public emergency, may be invoked to justify derogations from the right to a fair trial‟.65 In its Resolution on the Right to Recourse and Fair Trial, the Commission again recognized the right to a fair trial as essential for the protection of fundamental human rights and freedoms and further recommended State Parties to the African Charter to create awareness of the accessibility of the recourse procedure.66 239. The Dakar Declaration and Recommendations on the Right to a Fair Trial in Africa adopted by the Commission at its 26th Ordinary Session, held in Kigali, Rwanda, from 1-15 November 1999 also reiterates that: the right to a fair trial is a fundamental right, the nonobservance of which undermines all other human rights. Therefore, the right to a fair trial is a non-derogable right, especially as the African Charter does not expressly allow for any derogation from the rights it enshrines.67 64 Communication No. 153/96. See Principle R of the Principles and Guidelines entitled Non-derogability Clause 66 See ACHPR /Res.4(XI)92: Resolution on the Right to Recourse and Fair Trial (1992). See also Communication No. 218/98 Civil Liberties Organisation, Legal Defence Centre, Legal Defence and Assistance Project/Nigeria. 67 This was further confirmed by the African Commission in Communication No. 218/98 Civil Liberties Organisation, Legal Defence Centre, Legal Defence and Assistance Project/Nigeria, as 65 55