trial also includes the principle that judicial proceedings should be finalised
within a reasonable time.20
56. The Court notes that the issue arising in the instant case is whether, as the
Applicant alleges, his pre-trial detention for a period of five (5) years and
three (3) months that elapsed between his arrest on 27 August 2007 and
when his trial commenced on 30 November 2012, is reasonable.
57. In determining the right to be tried within a reasonable time, the Court has
adopted a case-by-case approach whereby it considered, among others,
factors such as the complexity of the case, the conduct of the Parties, and
that of the judicial authorities who must exercise due diligence especially
where the applicant faces severe penalties.21
58. Firstly, in assessing the nature and complexity of a case, the Court has
considered factors such as the number of witnesses who testified,
availability of evidence, the level of investigations, and whether specialised
evidence such as DNA samples were required.22
59. In the present Application, the Court notes that the domestic proceedings
against the Applicant did not demand extensive investigation as they
involved an allegation of murder based on the evidence of a dying
declaration and as the prosecution called only three (3) witnesses. Notably,
the evidence and witnesses were available prior to the committal
proceedings. Furthermore, no specialised evidence such as DNA samples
was adduced and the arguments at trial focused on the credibility of
witnesses. In the circumstances, the case cannot therefore be said to have
been a complex one and the delay being complained of can therefore not
be attributed to the nature and complexity of the case.
20
Cheusi v. Tanzania (judgment), supra, § 117.
Msuguri v. Tanzania (merits and reparations), supra, § 83; Cheusi v. Tanzania (judgment), supra, §
117; Amini Juma v. United Republic of Tanzania, ACtHPR, Application No. 024/2016, Judgment of 30
September 2021 (merits and reparations), § 104 and Guehi v. Tanzania (merits and reparations), supra,
§§ 122-124.
22 Cheusi v. Tanzania, ibid., § 117; Guehi, ibid., § 112; Nganyi and Others v. Tanzania (merits), § 115.
21
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