A person detained on a criminal charge has the right to trial within a reasonable time
or to be released pending trial.
In the case of Huri laws V Nigeria, communication no.225/98 (2000) para 45, the
Commission concluded that Nigeria had violated both articles 7(1) (d) and 26 of the
African Charter by failing to bring the two alleged victims promptly before a judge
or other judicial officer for trial; the victims had been detained for weeks and months
respectively without any charges being brought against them.
Similarly, in Castillo Paez V Peru 1997 pg 263 paras 56-58 the Inter-American
Court of Human Rights concluded that, article 7 (5) of the American Convention on
Human Rights had been violated since the victim had not been brought before a
competent Court within 24 hours or otherwise…”
The Constitution of the Gambia provides for the rights to liberty and further
stipulates that persons so arrested shall be brought without undue delay before a
court and, in any event, within seventy-two hours.
The Applicants’ in the cause of their arrest spent approximately 6, 30 and 63 days
respectively. The prolonged detention of the Applicants which the Defendant did not
deny amounts to an arbitrary detention within the context of the African Charter and
other international instruments.
In view of the above, the Court holds that the unjustified detention of the Applicants
which is not in conformity with the domestic and international laws is arbitrary and
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