Defendant State brought proof for the diligent steps taken,
as well as the goodwill of the political authorities in Guinea
- Bissau. Now, none of these was brought before the Court,
while the Defendant State only contented itself with
making «general affirmations. »
On the other hand, since the assassination of President
Vieira occurred in 2009 – that is more than nine (9) years
now -, the Court holds that the judicial investigations
should have already made some decisive findings, over the
period, even if they have not yet ended. Everything points
to the fact that no significant progress was made, and, in
the final analysis, this non-productivity compromises the
right to justice, as well as that of having fair hearing, while
the notion of « reasonable period » also intervenes, at this
juncture as a more or less indicator of the reality of the
right under discussion. It is certain that the heirs of
President Vieira have not, up till today, benefited from the
possibility of having their cause heard by a tribunal to
obtain reparation for the prejudice they suffered, but also,
to know the truth of the circumstances the victim died. In
this regard, it is noteworthy to emphasis that the
International Covenant on Civil and Political Rights, which
was cited by Plaintiff/Applicant does not only provide for
the right to justice, but equally makes it mandatory, for the
States, at the same time, to respect the victim’s right« to be
tried without unnecessary delay » (article 14, 2. c). In the
same manner, the African Charter on Human and Peoples’
Rights expressly provides for the exigencies of having
access to justice « within reasonable time » (article 7.1 d.).
Finally, it is allowed to examine the pertinence of the
Defendant State’s argument on political and institutional
instability, which it held to be justification for the observed
delay. Without wanting to discuss the details of such an
excuse, the Court recalls, as a way of playing down the
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