In Tandja
V Republic
of Niger
(2010
CCJELR)
pg 130, the Court held that
detention under whatever guise must comply with the respect enlisted in the human
rights instruments and must be done within the frame work of judicial procedure.
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 Charier by failing to bring the two alleged victims promptly berore 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.
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