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57.As a consequence of the foregoing, the Court finds that the Application fulfils
all the admissibility requirements set out under Article 56 of the Charter as
restated in Rule 40 of the Rules and accordingly declares it admissible.
VII.
MERITS
58.The Applicants allege that the Respondent state violated their rights to a fair
trial, to life and to dignity.
A. Alleged violation of the right to a fair trial
59. Alleged violations of the right to a fair trial relate to the rights (i) to be tried
within a reasonable time, (ii) to be heard and (iii) to be tried by a competent
court.
i.
60.
The right to be tried within a reasonable time
The Applicants allege that the delay incurred by the Court of Appeal
in
completing the review process constitutes a violation of their right to be tried
wlthin a reasonable time. The Applicants, in their Reply, submit that although
the process was eventually completed, the revlew was not determined until the
filing of the present Application on 26 March 2015 whereas the notice of review
was filed on 24 March 2013.
6'l.The Applicants assert that, at the time of filing their Application before this
Court, the hearing of the review application had not been scheduled. They
further submit that the delay in completing the review process is not reasonable
by any of the factors recognised by the Court, which are the complexity of the
case, actions of the concerned parties and the conduct of the judicial
authorities.
62.The Respondent state denies the allegation that the review case was delayed
and avers that the Applicants have failed to make a copy of their review
application available.
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