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.
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