whole process of hearing the defendants was completed on 5 January
2005, at which time the court had set a date for judgement. It avers that
to render itts judgement, the court had to cautiously review a total of
3703 pages of evidencce presented by both sides.
206.
The Respondent State argues that after examing the evidences
provided by the parties, the court had to cautiuosly review a total of
3,703 pages of evidences and written arguments. It says that on 11
December 2006, the judgment written in 792 pages found all the
defendants, except one, guilty of the charges. It says that on 11 January
2007, the court found most of the defendants guilty as charged and
sentenced them to twenty three years to life imprisonment. It also
stated that as most were disatisfied with the judgement they lodged
apppeals in March 2007.
207.
As an accused person enjoys the presumption of innocence until
proven guilty, it is only appropriate to establish whether he or she is
innocent or guilty as rapidly as possible. Proceedings should therefore
be as expeditious as possible, especially where the accused person is in
prison. The African Commission is yet to come up with a decision on
the matter. However, Articles 60 and 61 of the African Charter enjoins
the African Commission to draw inspiration from, inter alia, other
international law instruments and bodies.56. By virtue of this Article,
therefore, the Commission can draw inspiration from the decisions of
the Inter-American Commission and Court, particularly bearing in
mind the similarities within the two systems.
208.
In the case of Dayra María Levoyer Jiménez v. Ecuador, the InterAmerican Commission again emphasized a similar interpretation of
the right to be presumed innocent under Article 8 (2) of the American
Convention. It maintained that depriving Mrs. Levoyer Jiménez, the
petitioner, of her liberty for a period that exceeded one half the
maximum penalty established for the offence is a violation of the
principle of presumption of innocence established in the American
Convention. It noted that in the present case the imposition of
preventive detention for an indefinite period was tantamount to
anticipating the punishment of Mrs Jimenez. The Commission held
further that „universally accepted general principles of law prohibit
anticipating the punishment before sentencing‟. Stressing the
interrelatedness of anticipatory punishment and violation of the
presumption of innocence, the Inter-American Commission found that
Ecuador had violated Jiménez‟s right to be presumed innocent.
56
See for example Communication 211/98- Legal Resources Foundation/Zambia, paragraph 58 and
Communication 155/96- The Social and Economic Rights Action Center and the Center for Economic
and Social Rights/Nigeria paragraphs 48, 52, 57 and 63.
48