Article 14 of the Covenant for its part provides that:
“4.
...Everyone shall be entitled to a fair and public hearing by a competent, independent
and impartial tribunal established by law...” which shall rule either on
criminal accusation
the validity of any
brought against him or on disputes regarding his civil rights and
obligations...
117. As for article 8 of the Universal Declaration of Human Rights, it provides that:
“Everyone has the right to an effective remedy by the competent national tribunals for
acts violating the fundamental rights granted him by the constitution or by law’.
118. The Court shall consider the allegation of violation of the right to have one’s cause
heard by competent national courts, first in light of article 7 of the Charter, and then, if
need be, in regard to the provisions of other international instruments invoked by the
parties.
119. The right to have one’s cause heard by competent
aspects.
follows:
national courts has several
In the instant case, the aspects raised and discussed by the parties are as
duration of the proceedings in the local courts; the role of the Prosecutor in the
judicial system
of the Respondent
State; the issue of withdrawal of an Investigating
Magistrate; the issue of a witness failing to appear; the involvement of parties in the civil
suit, and the question of the despatch with which the Respondent guaranteed this right in
the instant case.
1) Duration of local remedies
120. It is understood that procedure in a case wherein a party is involved has to take
place within reasonable time.
In the instant case, after consideration of the pleadings of the parties in regard to the rule
on exhaustion of local remedies, the Court concludes that the procedure in the local courts
on the matter of the individual Applicants has been unduly prolonged (supra, paragraph
oO”
106).
a&/S
we ®