too slow, it may lose confidence in the judicial institutions and in the peaceful
settlement of disputes. In criminal matters, the deterrence of criminal law will only be
effective if society sees that perpetrators are tried, and if found guilty, sentenced
within a reasonable time, while innocent suspects, undeniably have a huge interest
in a speedy determination of their innocence.
128. Article 7 (1) (d) of the African Charter provides that "Every individual shall have the
right to have his cause heard. This comprises: [ ... ] the right to be tried within a
reasonable time by an impartial court or tribunal" (emphasis added).
129. In the Instant case, the Applicants submit that they filed the case in the High Court
of Tanzania on 19 June 2006, and as at the time they filed the Application before
this Court, that is, 23 July 2013, the matter was still pending before the domestic
Courts of the Respondent.
130. Although the Respondent claims that Misc. Criminal Application 16 of 2006 "actually
ceased to exist on 19 March 2013, after being quashed by the Court of Appeal", the
Applicants reiterated during the public hearing that "in Misc. Criminal Application 16
of 2006 at the High Court concerning the kidnapping and abduction of the Applicants,
the case has been unduly prolonged and dragging in court for the last nine (9) years
to date. There has been no stay, and therefore no reason for trial to take nine (9)
years", emphasizing that the matter was still pending before the Courts of the
Respondent. The Court notes in this regard that the Respondent did not tender
evidence to support its assertion that the matter has been disposed of.
131 . Be that as it may, if the Court were to limit the computation of time from when the
matter was instituted, that is, 19 June 2006, to when the Respondent claims the
matter was quashed by the Court of Appeal, that is, 19 March 2013, it will be a period
of six (6) years and two-hundred and seventy-three (273) days.
132. In the alternative, if one calculates from the time the case was instituted on 19 June
2006 and when the Applicants seized this Court, that is, 23 July 2013, it will be over
seven (7) years. and if the Court considers the Applicants' contention that. to date,
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