observed from the record of proceedings. The Court, therefore, finds that
the duration of six (6) years, ten (10) months and twenty-two (22) days
cannot be considered as reasonable.
137. Consequently, the Court holds that the Respondent State violated the
Applicant’s right to be tried within a reasonable time as provided for under
Article 7(1)(d) of the Charter.
iv.
Failure to provide him with interpretation services
138. The Applicant alleges that the Respondent State failed to provide him with
an interpreter at the pre-trial and trial proceedings despite his native
language being Kinyambo. He avers that the trial was conducted in Kiswahili
and English, which created a language barrier, particularly because he did
not comprehend English at the time. Notably, he claims that he was unable
to engage meaningfully at his trial since he could not understand what the
witnesses, judge, assessors were saying and also had difficulty
communicating with his counsel. He avers that if an interpreter had been
provided, he would have objected to his counsel’s submissions which were
deviating from his position, and requested that it be disregarded by the
Court.
139. Citing Article 14(3)(f) of the ICCPR and several other cases,52 the Applicant
contends that since he did not understand the language of communication
used during criminal proceedings, he was entitled to free assistance of an
interpreter, even when he did not specifically request for one.53 He surmises
that the right to an interpreter is implicit under the right to a fair trial and
extends beyond the criminal trial and to all stages of the legal proceedings
including with respect to documentary material and pre-trial proceedings.54
*
52
Bozbey v. Turkmenistan, Human Rights Committee, Communication No. 1530/2006, (Oct. 27, 2010),
§ 72; Sobhraj v. Nepal, Human Rights Committee, Communication No 1870/2009, (July 27, 2010), § 72.
53 Hermi v. Italy, ECHR, Judgement, Application No. 18114/02 (Oct 18, 2007), § 70.
54 Diallo v. Sweden, ECHR, Judgement, Application No. 13205/07 (Jan 5.2010), § 23; Luedicke,
Belkacem and Koç v. Germany, ECHR, Judgement, Application No 13205/07 (Nov. 28, 1978), § 48.
38