conduct thorough investigations and evaluations to satisfy itself that there
was no doubt about the conviction and sentence to be meted against the
Applicant.
***
94. Article 7(1)(d) of the Charter provides that:
Every individual shall have the right to have his cause heard. This
comprises the right to be tried within a reasonable time ….
95. The Courts recalls its established jurisprudence as exemplified in Wilfred
Onyango Nganyi and Others v. United Republic of Tanzania, that the right
to be tried within a reasonable time is an important aspect of fair trial. There
is no standard period that is considered as reasonable time for a court to
dispose of the matter.44 The Court further held that the right to a fair trial
also includes the principle that judicial proceedings should be finalised
within a reasonable time.45 Delays caused by the lack of due diligence on
the part of national authorities would amount to a violation of the right to be
tried within a reasonable time.
96. In determining the right to be tried within a reasonable time, the Court has
adopted a case-by-case approach whereby it considered, among others,
factors such as the complexity of the case, the conduct of the parties, and
that of the judicial authorities who must exercise due diligence especially
where the Applicant faces severe penalties.46
97. With regard to complexity of the case, the Court has considered factors such
as the number of witnesses who testified, availability of evidence, the level
44 Wilfred Onyango Nganyi and Others v. United Republic of Tanzania (merits) (18 March 2016), 1
AfCLR 507, § 127; and Benedicto Daniel Mallya v. United Republic of Tanzania (merits and reparations)
(26 September 2019) 3 AfCLR 482, § 48.
45 Cheusi v. Tanzania (judgment), supra, § 116.
46 Marthine Christian Msuguri v. United Republic of Tanzania, ACtHPR, Application No. 052/2016,
Judgment of 1 December 2022 (merits and reparations), § 83; Cheusi v. Tanzania (judgment), supra, §
117; Guehi v. Tanzania (merits and reparations), supra, § 501.
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