181. It was therefore the Applicant himself who delayed his trial, and he
cannot be allowed to complain about his own turpitude: nemo auditur
propriam suam turpitudinem allegans.
182. Therefore, in view of the complexity of the case and the multiplicity
of applications initiated, no delay has occurred, and the proceedings are
normally running within a reasonable time.
183. Article 7 (1) (d) of the African Charter provides that:
“1. Every individual shall have the right to have his cause heard. This
comprises:
(...)
(d) the right to be tried within a reason- able time by an impartial court or
tribunal.”
184. The right to be tried within a reasonable time by an impartial court or
tribunal provided for in the said Article 7 (1) (d) must be read in conjunction
with Articles 9 (3) and 14 (3) (c) of the ICCPR.
185. This Court, in relation to these articles, referred in the case of ASSIMA
KOKOU INNOCENT & 2 OTHERS v. REPUBLIC OF TOGO, Judgment No.
ECW/CCJ/JUD/08/11 of 3 July 2013, CCJRL (2013), p. 207§ 84 that: “The
combination of all these articles places an obligation on the Republic of
Togo to respect the right of anyone accused of a criminal offence, and to try
him in reasonable time without undue delay.”
186. The same right is provided for in Articles 8(1) of the American
Convention and 6(1) of the European Convention, which state that everyone
has the right to be heard “within a reasonable time”.
187. The right to a fair hearing within a reasonable time is one of the
cardinal elements of a fair trial.
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