imprisonment were passed, while some of the convicted persons were
sentenced to death. They also inform the African Commission that the
SPO has since filed an appeal to the Federal Supreme Court
demanding capital punishment for many of the 55 sentenced to life
imprisonment. Some of the convicted persons have also appealed
while others are expected to file cross appeals. Therefore the trials, at
least for some of the 55 victims, are yet to be completed.
128.
The Complainants also stated that the major violations argued,
hereunder, relate to prolonged pre-trial detention and trials lasting for
more than 12 years, thus resulting in violations of the Complainants‟
right to fair trial.22 Thus article 7 of the African Charter on Human and
Peoples‟ Rights is the main legal basis on which it anchors its
argument. They also state that in recognition of Article 60 of the
African Charter by which the African Commission is empowered to
draw inspiration from other international instruments for the
protection of human and peoples‟ rights, they are drawing the
attention of the African Commission to Article 14 of the International
Covenant on Civil and Political Rights (ICCPR), Article 8 of the
American Convention on Human Rights (American Convention) and
Article 6 of the European Convention on Human Rights (European
Convention).
129.
In additional they draw the attention of the African Commission
to, among others, the Guidelines on the Role of Prosecutors, the Basic
Principles of the Role of Lawyers and the Statutes of the International
Criminal Court and the International Criminal Tribunals for Rwanda
and the former Yugoslavia.
Alleged Violation of Article 1 and 2 of the African Charter
130. The Complainants allege that the Respondent State failure to
recognize the rights of the former Dergue officials enshrined in the
African Charter violates Article 1 and 2 of the African Charter. They
argue that States Parties to the Charter are obliged not only to
recognize the rights, duties and freedoms enshrined in it but also
undertake to adopt legislative and other measures to give effect to
them. States are also required to ensure that these rights are available
to all without discrimination. The Complainants submit that where a
22
The concept of fair trial encompasses the following major components: (1) equality of arms, (2) right
to legal aid, (3) right to be presented in person at the trial, (4) public character of the hearing, (5) trial
within a reasonable time, (6) independent, competent and impartial tribunal established by law, (7)
presumption of innocence and protection against self-incrimination, (8) prompt and adequate
information on the accusation, (9) adequate time and facilities for the preparation of the defence, (10)
free assistance of an interpreter, (11) right of appeal, (12) right to compensation and (13) ne bis in
idem.
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