Other Causes of Delays in the Dergue Trials
233.
The Complainants allege that the Respondent State has also
contravene Article 7(1)(d) by the failure of the Respondent State to
decide how to handle the matter and the the failure of the prosecution
to present evidence on time was the major problem.
234.
The Complainants submit that what occurred in Ethiopia during
the trial of the Dergue officials, was prejudice and lack of activity by
the courts handling the cases and thus constituted a violation of Article
7 (1) (d) of the Charter. They argue that the Respondent State was
already aware of the facts and seriousness of the cases against the
Dergue officials but failed to act with the due diligence required and,
thereby violating their right to a speedy trial. They further argue that
the nature of the violations against the Victims entitles them to relief.
The African Commission agrees. In keeping with the spirit of Articles
7(1)(d) of the African Charter an accused person in detention is entitled
to have his case given priority and expedited by the proper authorities.
235.
The African Commision also agrees with the Complainants that
the complexity of a case should not debar domestic courts from acting
with due diligence in dealing with a case on the Merits.60 At any rate, it
is the responsibilities of States Parties to the African Charter to
organize their judiciary in such a way that the right guaranteed in
Article 7 (1) (d) of the Charter can be effectively enjoyed. In Mouvement
Burkinabe des Droits de l’Homme et des Peuples/Burkina Faso61 the African
Commission found that 15 years without a decision on the relief sought
or the fate of the people concerned or any action at all on the case
amounted to a denial of justice and a violation of the right to an
impartial trial within a reasonable time. In Annette Pagnoulle (on behalf
of Abdoulaye Mazou)/ Cameroon,62 the African Commission found the
Cameroonian Government in violation of Article 7 (1) (d) of the
Charter because Mr. Mazou did not have a judgment on his case which
was before the Supreme Court for two years and he was not given any
reason for the delay.
236.
Similarly in Alhassan Abubakar v Ghana63, the African
Commission held that detaining the Complainant for seven years
without trial before his escape “clearly violates the “reasonable time”
60
See Humberto Sánchez vs. Honduras Series C No. 99 [2003] IACHR 2 (7 June 2003) where the
Inter-American Court held, inter alia, at paragraph 130 of the decision that “even if this were a complex
case regarding the merits, the domestic courts must act with due diligence to decide on hearing of the
case”.
61
Communication No. 204/97.
62
Communication No. 39/90.
63
Communication No. 103/93.
54