inhuman ·degrading treatment is· any infringement... upon the
physical integrity, and moral wellbeing of the human person, with
the intention to harm, to inflict great atrocity or humiliate.
Consequently, the fact that the failure on the part of the Defendant
State to bring Plaintiff before a competent judge, cannot be
examined, and likened to a cruel, inhuman or degrading treatment.
Hence, there is no violation of Article 5 of the Charter, on this
premise.
39. However, the Court notes that Article 7.1(d) of the Charter provides
that: « Every individual shall have the right to have his cause heard.
•
•
This comprises: (...) the right to be tried within a reasonable time by
an impartial court or tribunal. »; also, the Court observes that Article
9.3of the I 1ternational Covenant on Civil and Political Right, which
Burkina Paso ratified on 4 January provides that, “Anyone arrested
or detained on· a criminal charge shall be brought promptly before
a judge or any other officer authorized by law to exercise
judicial power and shall be entitled to trial within a reasonable
time or to release (...). »
40. The afore-mentioned provisions constitute good commentary
leverage that guarantees to an individual the right to benefit from a
trail that takes place within reasonable time; therefore, national judicial
authorities are under the obligation to act with the required diligence
so that, at all levels of the criminal procedure, (investigation,
examination of the case, and judgment) there is no considered;
excessive or unjustified delay. Thus: any excessive or unjustified .
delay that crops up at the stages of the procedure inevitably affects the
right to be tried within reasonable time. The claim that Plaintiff was not
taken before a competent judge, within the legally' approve period of
police custody, so that the judge could examine' whether he was guilty
of the offence, can be analysed autonomously, whether in the eyes of
the Ch9-rter or the Covenant.
41. The Court holds that, for the Burkinabe authorities to have
arrested Plaintiff on 16 September 2011, placed hi111 in police
custody beyond the legally approved period, without legitimate and
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