In Tandja V Republic of Niger (2010 CCJELR) pg 130, the Court held that detention under whatever guise must comply with the respect enlisted in the human rights instruments and must be done within the frame work of judicial procedure. A person detained on a criminal charge has the right to trial within a reasonable time or to be released pending trial. In the case of Huri laws V Nigeria, communication no.225/98 (2000) para 45, the Commission concluded that Nigeria had violated both articles 7(1) (d) and 26 of the African Charier by failing to bring the two alleged victims promptly berore a judge or other judicial officer for trial; the victims had been detained for weeks and months respectively without any charges being brought against them. Similarly, in Castillo Paez V Peru 1997 pg 263 paras 56-58 the Inter-American Court of Human Rights concluded that, article 7 (5) of the American Convention on Human Rights had been violated since the victim had not been brought before a competent Court within 24 hours or otherwise...” The Constitution of the Gambia provides for the rights to liberty and further stipulates that persons so arrested shall be brought without undue delay before a court and, in any event, within seventy-two hours. 54

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