114. Although not mentioned in their Application or in their reply , at the public hearing,
the Applicants also state that they were not provided with legal aid.
115. It is to these two allegations that the Court will now turn.
116. These two allegations fall within the scope of the rights guaranteed under Article 7
of the African Charter, which provides, inter alia, that:
"Every individual shall have the right to have his cause heard.
This comprises: ... (c) the right to defence, including the right to
be defended by counsel of his choice; and (d) the right to be tried
within a reasonable time by an impartial court or tribunal".
(emphasis added).
a. Alleged violation of Article 7 of the African Charter on account of alleged
prolonged and undue delay in finalising cases at the national courts
117. The Applicants have stressed in both their written and oral submissions that their
Application to the present Court is based on the prolonged and undue delay in
hearing the pending criminal cases by the national courts, specifically Criminal Case
2 of 2006 (conspiracy and armed robbery) and Criminal Application 16 of 2006 ,
(where they are challenging their alleged forceful abduction and kidnap from
Mozambique).
118. They allege in this regard that their right to be tried within a reasonable time has
been infringed , as these matters have been pending since 2006.
119. This is clearly expressed in their Application dated 23 July 2013, where they stated
that "our nghts to be tried within a reasonable time by the Courts were violated by
the Respondent State". In their Reply dated 25 March 2014, they reiterated that "the
contention in the Application is only on allegations of delay by the Respondent State
in the matters they are facing within the national justice system. being Criminal Case
36
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