201 .
In refuting the Applicant's allegations, the Respondent State asserts that, while
it is recognized that litigants are entitled to have their case tried within a reasonable
time, no specific timeframe has been set by law or by international jurisdictions.
The Respondent State contends that it cannot be validly argued that the right to a
trial within a reasonable time has not been respected; adding that, in the
circumstances of the proceedings, there is nothing indicating that the parties to the
proceedings or the authorities are at the root of the prolonged delay invoked by the
Applicant.
202 .
It contends that since the appeal lodged by the Attorney General, one year,
nine months and twenty-two elapsed , and that in Benin's practice, this timeframe
is more than reasonable, especially in the instant case given that the functioning
of the justice system was disrupted during the judicial years 2016-2017 and 20172018 by several strikes which considerably slowed down the course of the
proceedings.
***
203.
The Court reiterates that the reasonableness of a procedure is assessed
according to the circumstances of each case , and that such assessment requires
a global evaluation of the said circurnstances'". In similar cases, the Court
assessed the duration of the proceedings taking into account certain criteria
particularly the complexity of the case , the Applicant's conduct, that of the
competent authorities and the stakes inherent in the litigation for the parties":
204.
In the instant case, the Court notes that the Applicant complains about the
length of time that elapsed between the Judgment of 4 November 2016 and the
proceedings before CRIET, which was the same as the proceedings before the
Court of Appeal on appeal by the Attorney General. On this point, the Court has
already noted that before the Court of Appeal, no procedural act was accomplished
Beneficiaries of late Norbert Zanga and Others v. Burkina Feso, Judgment, Merits op. cit. §92 ;
Application No. 007/2013, Judgment of 3/6/2013 (Merits), Mohamed Abubakari v. United Republic of
Tanzania, § 91; Appl ication No. 011/2015, Judgment of 28/09/2017 (Merits), Christopher Jonas v..
United Repubtic of Tanzania, § 52.
27 Idem
26
I