be tried without undue delay. According to the Applicant, such time in
respect of both conviction and sentencing was unreasonable because the
case was not complex and the delay was attributable to the Respondent
State. In substantiating his allegation, the Applicant states that, after his
arrest on 20 December 2003, it took the State Attorney almost two (2) years
to charge him, one (1) year for the medical report ordered by the Court to
be completed, two (2) years to hold the prelimary hearing after charges were
filed, two (2) more years without explanation before the case was set for
hearing, and, in all, six (6) and a half years after arrest before the
prosecution called its first witness.
81. The Respondent State did not make any submission in respect of this
allegation.
***
82. Pursuant to Article 7(1)(d) of the Charter, every individual shall have “the
right to be tried within a reasonable time …”.
83. This Court has established that, in assessing whether justice was dispensed
as prescribed under Article 7(1(d) of the Charter, factors to be considered
should include the complexity of the case, the behaviour of the Parties, and
that of the judicial authorities who must exercise due diligence especially
where the Applicant faces severe penalties.21 What the Court is called to
determine in the instant case is whether the period of six (6) and a half
years that lapsed from the Applicant’s arrest before his trial commenced is
reasonable.
84. Regarding the complexity of the case, the Court notes that, from the
Respondent State’s response to the initial pleadings, and records of
domestic proceedings, it is evident that the case was relatively ordinary. The
matter did not demand extensive investigation as evidence was mainly
made up of witness statements including those of two co-accused who were
21
Gozbert Henerico v. Tanzania (merits and reparations), § 82; Amini Juma v. Tanzania, op. cit., § 104;
Armand Guehi v. Tanzania (merits and reparations), §§ 122-124.
22