September 2018, a period of one (1) year, nine (9) months and twentyseven (27) days elapsed between the two acts. In accordance with its
jurisprudence,8 the Court considers this timeframe manifestly reasonable
and finds that the requirement set out in Rule 50(2)(f) of the Rules is met.
56. Lastly, with regard to the condition set out in Rule 50(2)(g) of the Rules, the
Court finds that the Application does not concern a matter which has already
been settled in accordance with the principles of the Charter of the United
Nations, the Constitutive Act of the African Union or the provisions of the
Charter. The Application therefore satisfies this requirement.
57. In light of the foregoing, the Court considers that the Application meets all
the conditions of admissibility under Article 56 of the Charter, as restated in
Rule 50 of the Rules, and therefore declares it admissible.
VII. MERITS
58. The Applicants allege a violation of their right to a fair trial by the
Respondent State. Specifically, they allege violation of:
i.
The right to referral to competent national courts of any act violating the
fundamental rights recognized and guaranteed for them by conventions,
laws, regulations and customs in force;
ii.
The right to be tried within a reasonable time by an impartial court;
iii. The obligation of State Parties to the Charter to guarantee the
independence of the courts and to allow the establishment and
improvement of appropriate national institutions responsible for the
promotion and protection of the rights and freedoms guaranteed by this
Charter.
59. The Court will examine each of these allegations.
8
Niyonzima Augustine v. United Republic of Tanzania, Application No. 058/2016, Judgment of 13 June
2023 (merits and reparations), §§ 56-58.
14