Article 14 of the Covenant for its part provides that: “4. ...Everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law...” which shall rule either on criminal accusation the validity of any brought against him or on disputes regarding his civil rights and obligations... 117. As for article 8 of the Universal Declaration of Human Rights, it provides that: “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law’. 118. The Court shall consider the allegation of violation of the right to have one’s cause heard by competent national courts, first in light of article 7 of the Charter, and then, if need be, in regard to the provisions of other international instruments invoked by the parties. 119. The right to have one’s cause heard by competent aspects. follows: national courts has several In the instant case, the aspects raised and discussed by the parties are as duration of the proceedings in the local courts; the role of the Prosecutor in the judicial system of the Respondent State; the issue of withdrawal of an Investigating Magistrate; the issue of a witness failing to appear; the involvement of parties in the civil suit, and the question of the despatch with which the Respondent guaranteed this right in the instant case. 1) Duration of local remedies 120. It is understood that procedure in a case wherein a party is involved has to take place within reasonable time. In the instant case, after consideration of the pleadings of the parties in regard to the rule on exhaustion of local remedies, the Court concludes that the procedure in the local courts on the matter of the individual Applicants has been unduly prolonged (supra, paragraph oO” 106). a&/S we ®

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