iv. Failure to try the Applicants within a reasonable time;
v.
Using a coerced confession to convict and sentence the Applicants to
death; and
vi. Failure of the District Magistrates to conduct prompt investigations into
the alleged cruel, inhumane and degrading treatment of the Applicants.
i.
On the failure to facilitate consular services
69. The Applicants allege that the Respondent State violated their rights as
provided under Article 7(1)(c) of the Charter as read together with Article
36(1) of the VCCR insofar as it failed to notify the Embassy of the Republic
of Burundi in Tanzania of their arrest so they could benefit from consular
services.
70. They aver that the Embassy of the Republic of Burundi in Tanzania only
became aware of their case in 2018, when it was alerted by the lawyer of
the First Applicant. Therefore, the Respondent State failed to comply with
its obligation, under Article 36(1)(b) of the VCCR and Article 34 of the
Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial
Detention in Africa adopted by the African Commission, to inform them that
they had the right to (a) have the Burundian Embassy informed of their
arrest, and (b) communicate with the Embassy in relation to their case. The
Applicants further aver that the Respondent’s State’s obligations as a matter
of international law should be felt most strongly by those vulnerable
members of society most in need of protection. Instead, they suffered
serious prejudice as a result of their status as refugees and foreign
nationals.
71. Additionally, they contend that had the Respondent State notified the
Burundian Embassy, the Ambassador of Burundi to Tanzania could have,
inter alia: (a) arranged for them to be provided with an interpreter, (b)
facilitated contact with their family members and potential defence
witnesses to testify in the original proceedings; and (c) provided consular
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