240. The realization of the right to a fair trial is dependent on the existence of certain conditions. These include:68the right to an impartial hearing, trial within a reasonable time and the presumption of innocence. The African Commission, Declares that the Respondent State has violated the right of the Victims to be tried within a reasonable time by an impartial court or tribunal as recognized in Article 7(1)(d) of the African Charter. Recommendations In view of the above, the African Commission finds that the Respondent State is in violation of Article 7(1)(b) and (d) of the African Charter. The African Commission recommends that the Respondent State:  Pay adequate compensation to the Victims for violation of their right to be presumed innocent until proved guilty by a competent court or tribunal and to be tried within a reasonable time by an impartial court or tribunal as recognized in Article 7(1)(b) and (d) of the African Charter.  Report on the implementation of these recommendations within three months from the date of notification. Done in Banjul, The Gambia during the 50th Ordinary Session of the African Commission on Human and Peoples’ Rights, 24th October – 7th November 2011. above. The Commission in this case did not only label the right to a fair trial as non-derogable, but further reiterated that it is essential for the protection of all other fundamental rights and freedoms. 68 See Robert P. Barnidge Jr, The African Commission on Human and Peoples’ Rights and the InterAmerican Commission on Human Rights: Addressing the right to an impartial hearing on detention and trial within a reasonable time and presumption of innocence, African Human Rights Law Journal, Volume 4 No 1 2004, page 108. 56