Victims were criminally punished by presuming their guilt even before
they were heard, in violation of the principle of presumption of
innocence established in Article 7 (1) (b) of the African Charter, Article
XX of the Universal Declaration and rule XXX of the Principles and
Guidelines on fair trial.31
Alleged Violation of Article 7(1)(d) – right to have ones cause heard.
Article 7(1)(d) of the African Charter states:
(d) the right to be tried within a reasonable time by an impartial court or
tribunal.
143.
The Complainants allege that the Respondent State has violated
the former Derg offcial‟s right to a fair trial by deliberatley denying
them the right to be tried by an impartial court within a reasonabble
time as enshrined in Article 7(d) of the African Charter.
144.
The right to an impartial hearing within a reasonable time is one
of the cardinal elements of the right to fair trial. The Article is
specifically designed to ensure that the charges which the penal
procedure places on the individual are not unremittingly protracted and
do not produce permanent harm. An individual who is accused and held
in custody is entitled to have his or her case resolved on a priority basis
and conducted with diligence.
145.
With regards to the Dergue trials, the Complainants submit that even
though several causes have been attributed for delays in the trials,
none of these causes are attributable to the former Dergue Officials.
The Complainants state that the delay in rendering a judgment was
therefore not due either to negligence or lack of interest on the part of
the Victims rather, to the inactivity and failure of the State to proceed
with the cases against the complainants with the diligence required
and without undue delay. They aver that the Dergue officials, had their
rights violated for several years and the Respondent State failed to put
in place the necessary structures for them to be tried expeditiously.
They state that the causes for the delay include the following:
a. Dismantling of the Ethiopian Court system by the Government
b. ambitious nature of the transitional justice ethiopia pursued
c. absence of appropriate legal checkpoints
31
See also Waldemar Gerónimo Pinheiro and José Víctor dos Santos v. Paraguay, as cited in n 89
above, paragraphs 85-86.
31