this: “Interpretation may, where necessary, moderate the rigour of the law;
it must never aggravate it”.
47. The Applicants contend that even if Article 85 of the CCP is ambiguous, it
can only be interpreted in the sense of reducing the period of detention. In
their view, this provision also takes into account the possibility that the legal
period may expire before the end of the investigation or without an
indictment. In their view, it is necessary to strike a balance between the
accused person’s right to liberty and the requirements of a fair trial, thereby
allowing the judicial authorities to take measures likely to ensure the
presence of the accused and compliance with the principles of
proportionality and legality.
48. Finally, the Applicants assert that by keeping them in detention, the
Respondent State ignored the meaning of the provisions of national and
international law, since at the time of their arrest, they were merely
exercising their functions in a commercial enterprise under an employment
contract. They underscore that they are victims of ill-treatment, against a
backdrop of tension between the government and the opposition. They
further contend that they are also victims of political blackmail by the
Respondent State with the complicity of the judiciary as a tool of repression.
***
49. The Court recalls that, in accordance with Article 56(5) of the Charter and
Rule 50(2)(e) of the Rules, applications must be filed after exhaustion of
local remedies, if any, unless it is clear that the proceedings in respect of
such remedies are unduly prolonged.8
8
Oulaï Marius v. Republic of Côte d’Ivoire, ACtHPR, Application No. 032/2019, Judgment of 4 December
2023 (jurisdiction and admissibility), § 32; Crospery Gabriel and Ernest Mutakyawa v. United Republic
of Tanzania, ACtHPR, Application No. 050/2016, Judgment of 13 February 2024 (merits and
reparations), §40; Peter Joseph Chacha v. United Republic of Tanzania (admissibility) (28 March 2014)
1 AfCLR 398, §§ 142 to 144; Almas Mohamed Muwinda et al. v. United Republic of Tanzania, ACtHPR,
Application No. 030/2017, Judgment of 24 March, 2022 (merits and reparations), § 43.
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