118.
Regarding the nature and complexity of the case, the Court notes that in its
Judgment of 20 March 2017, the High Court considered that, since the original
case file could not be traced, the Court had to rely on a copy of the said file.
The Court thus holds in conclusion that the delay noted was not caused by the
nature and complexity of the case, but by factors extraneous to the Applicant's
will and stemming from the malfunctioning of the Respondent State's judicial
system.
119. With regard to the duration of the proceedings and the obligation on the part of
the Respondent State's judicial authorities to exercise due diligence, the Court
notes that, in the second case, No. 194/2004, a period of ten (10) years, four (4)
months and twenty three (23) days had elapsed between 27 October 2006, the
date on which the Applicant filed his appeal No. 58/2006, and 20 March 2017,
the date on which the High Court rendered its Judgment. The question that
arises is whether or not such a timeframe is reasonable.
120. On this point, the Court notes that, according to the record, a period of more
than nine (9) years had elapsed between the time the Applicant lodged his
appeal and the time he filed the present Application on 19 January 2015; and
this
was
despite
the
numerous
requests
determination on the criminal case No.
2017 that the High
to
the
194/2004.%7
Court finalised the appeal
national
It was
authorities
for
a
only on 20 March
proceedings
by rendering
a
Judgment; and this, after this Court had been seized of the present Application
12 1. By the said Judgment, the High Court quashed the conviction and part of the
sentence, and acquitted the Applicant. However, this occurred only more than
ten
(10) years after the filing of the appeal. The
507, § 155. Armand Guéhi v. United Republic of Tanzania
State did not
(merits and reparations), §722; Lucien Ikili
Rashidi v.United Republic of Tanzania (merits and reparations) § 107.
7 See fo otnote 16 above
34
Respondent