inhuman ·degrading treatment is· any infringement... upon the physical integrity, and moral wellbeing of the human person, with the intention to harm, to inflict great atrocity or humiliate. Consequently, the fact that the failure on the part of the Defendant State to bring Plaintiff before a competent judge, cannot be examined, and likened to a cruel, inhuman or degrading treatment. Hence, there is no violation of Article 5 of the Charter, on this premise. 39. However, the Court notes that Article 7.1(d) of the Charter provides that: « Every individual shall have the right to have his cause heard. • • This comprises: (...) the right to be tried within a reasonable time by an impartial court or tribunal. »; also, the Court observes that Article 9.3of the I 1ternational Covenant on Civil and Political Right, which Burkina Paso ratified on 4 January provides that, “Anyone arrested or detained on· a criminal charge shall be brought promptly before a judge or any other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release (...). » 40. The afore-mentioned provisions constitute good commentary leverage that guarantees to an individual the right to benefit from a trail that takes place within reasonable time; therefore, national judicial authorities are under the obligation to act with the required diligence so that, at all levels of the criminal procedure, (investigation, examination of the case, and judgment) there is no considered; excessive or unjustified delay. Thus: any excessive or unjustified . delay that crops up at the stages of the procedure inevitably affects the right to be tried within reasonable time. The claim that Plaintiff was not taken before a competent judge, within the legally' approve period of police custody, so that the judge could examine' whether he was guilty of the offence, can be analysed autonomously, whether in the eyes of the Ch9-rter or the Covenant. 41. The Court holds that, for the Burkinabe authorities to have arrested Plaintiff on 16 September 2011, placed hi111 in police custody beyond the legally approved period, without legitimate and 16 '1 . ..:-.::

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