122. Consequently, the Court finds that the Respondent State violated the
Applicants right to be tried within a reasonable time as provided for under
Article 7(1)(d) of the Charter.
v. On the use of a coerced confession for conviction
123. The Second Applicant submits that under international law, a coerced
confession is inadmissible at trial and may not be admitted as evidence.
Therefore, the decision of the High Court to accept his statement as part of
evidence and to rely on it to convict and sentence him gives rise to violations
of Article 5 and 7 of the Charter, and Article 7 of the ICCPR. To illustrate
this argument, he relies on various jurisprudence of the Human Rights
Committee and other courts,59 and the Principles and Guidelines on the
Right to a Fair Trial and Legal Assistance in Africa.
124. He avers that he testified about the torture during the “trial within a trial”
before the presiding judge and his testimony was corroborated by the
Magistrate Judge who recorded his extra judicial statement. He claims that
despite the prima facie evidence that the statement was not recorded
voluntarily, the Judge still admitted it as part of the evidence. He surmises
that in his case, there was overwhelming evidence of the physical assault
and psychological pressure applied to extract the incriminating statement,
therefore, there can be no doubt that the Respondent State violated its
obligations under Article 5 and 7 of the Charter, and Article 6, 7 and 14 of
the ICCPR.
*
125. The Respondent State submits that the Applicants were convicted and
sentenced based on evidence which proved their guilt beyond a reasonable
doubt.
59
Cabrera-Garcia and Montiel Flores v. Mexico, Preliminary Objection, Merits, Reparations and Costs,
Judgment, IACtHR (ser. C) No. 220, § 166 (26 Nov. 2010)); Singarasa v. Sri Lank, European Court of
Human Rights in Saman v. Turkey is instructive in this regard. The Saman and Singarasa judgments
underscore the unreliability of coerced confessions, whether by torture or by other forms of manipulation
or exploitation.
37