d. joinder of cases and accused persons; e. the charges were not clear and specific which hampered their speedy trial; f. other causes of delays in the Dergue trials. 212. The African Commission will now proceed to analyse Article 7(1)(d) of the African Charter under the above rubrics to determine if a violation has occured according to the allegation levied by the Complainant. Dismantling of the Ethiopian Court System by the Government 213. In their submission on the Merits, the Complainants argue that the Respondent State immediately upon seizing power, dismantled almost all state institutions, including the court system, by summarily dismissing close to 300 judges on the ground that the judiciary had been an ally to the Dergue regime. Consequently, they state, the Respondent State could not afford a speedy trial to the Dergue officials due to shortage of judges. It argues that there were many instances where cases were adjourned for lack of quorum of judges. 214. The Respondent State did not address this allegation. 215. The African Commission, however, wishes to restate that the right to an impartial hearing within a reasonable time is one of the cardinal elements of the right to fair trial. Article 7(1)(d) of the African Charter not only provides that every person charged with a criminal offence has the right to be tried without undue delay/within a reasonable time by an impartial court or tribunal, but that an individual who is accused and held in custody is entitled to have his or her case resolved promptly. 216. In its Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, the African Commission stated that anyone who is arrested or detained on a criminal charge shall be brought before a judicial officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. The purpose of the review before a judicial or other authority includes to assess whether sufficient legal reason exists for the arrest; assess whether detention before trial is necessary; determine whether the detainee should be released from custody, and the conditions, if any, for such release; safeguard the well-being of the detainee; prevent violations of the detainee‟s fundamental rights; give the detainee the opportunity to challenge the lawfulness of his or her detention and to secure release if the arrest or detention violates his or her rights. 50

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