trial also includes the principle that judicial proceedings should be finalised within a reasonable time.20 56. The Court notes that the issue arising in the instant case is whether, as the Applicant alleges, his pre-trial detention for a period of five (5) years and three (3) months that elapsed between his arrest on 27 August 2007 and when his trial commenced on 30 November 2012, is reasonable. 57. 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.21 58. Firstly, in assessing the nature and complexity of a case, the Court has considered factors such as the number of witnesses who testified, availability of evidence, the level of investigations, and whether specialised evidence such as DNA samples were required.22 59. In the present Application, the Court notes that the domestic proceedings against the Applicant did not demand extensive investigation as they involved an allegation of murder based on the evidence of a dying declaration and as the prosecution called only three (3) witnesses. Notably, the evidence and witnesses were available prior to the committal proceedings. Furthermore, no specialised evidence such as DNA samples was adduced and the arguments at trial focused on the credibility of witnesses. In the circumstances, the case cannot therefore be said to have been a complex one and the delay being complained of can therefore not be attributed to the nature and complexity of the case. 20 Cheusi v. Tanzania (judgment), supra, § 117. Msuguri v. Tanzania (merits and reparations), supra, § 83; Cheusi v. Tanzania (judgment), supra, § 117; Amini Juma v. United Republic of Tanzania, ACtHPR, Application No. 024/2016, Judgment of 30 September 2021 (merits and reparations), § 104 and Guehi v. Tanzania (merits and reparations), supra, §§ 122-124. 22 Cheusi v. Tanzania, ibid., § 117; Guehi, ibid., § 112; Nganyi and Others v. Tanzania (merits), § 115. 21 16

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