:CH:: . AC H P R African Commission on Human Rights our • Human and Peoples' Bights Collective Responsibility the right to a fair trial encompasses the actual trial proceedings and the pre­ trial phase, which includes the prompt presentation of the accused before a court. 179. Therefore, the prolonged period of detention without being brought before a court signifies a failure on the part of the Respondent State to fulfill its obligation of ensuring a timely trial. This failure violates the right to a fair trial as enshrined in Article 7(1)(d) of the African Charter. Alleged violation of Article 14 of the Charter (Right to Property) 1 80. Article 14 provides that: The properhJ right shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the communih; and in accordance with the provisions of appropriate laws. 1 81. According to the principles outlined in Article 14 of the African Charter, individuals have a rightful expectation to own and enjoy their property without arbitrary interference. The principle of non-arbitrariness provides that any search, seizure, or deprivation of property must be grounded in lawful reasons, serve the interest of the community, be reasonably justified, and adhere to due process. Actions that are arbitrary and lack legal basis or proper justification would consequently violate Article 14 of the African Charter. 182. In the case of Sudanese Civilians in South Kordofan and Blue Nile (represented by Sudan Democracy First Group, REDRESS, Human Rights Watch, INTERIGHTS, and Enough Project) v Sudan, the Commission emphasized the importance of Article 14 of the African Charter. The Commission specifically stated that this article guarantees the right to property and peaceful enjoyment of property and prohibits arbitrary deprivation of property. 56 As per the Complainant, his belongings, including clothing, standard 183. electronics, and books, were searched and seized by customs officials upon entering Sudan. However, certain items were not returned, and others were handed back in a damaged condition. The Complainant argues that no evidence was provided to justify the search and seizure of his prope!��mk grounds of public need or community interest. Moreover, the '° "'o � .., '?'d ,,.,.............., asserts that the subsequent destruction of the confiscated proper -"wit . 1 c�· ,.. � (� -\J, IU . ,0 ,! � · ,� )' 56 Communication 402/11 - 420/12: Sudanese Civilians in South Kordofan and Blue Nile (represente(Sud� effiqcra.� First Group, REDRESS, Human Rights Watch, INTERIGHTS and Enough Project) v Sudan, para 1 75 ' \ \ \\ ··�� .\.IA 42 A.It Otgan or the Afriqan f(4t:')1 Union "-;,,)2 -� "'<1' t :i. el .'•!,�_./,,..;-' "'"' ' 41 ,,(1(. , ..\, \, -v" '"' African Commissio;;.:o:ci '.f!t.rnfl� jl�<Pl! ' Rights orth District, 31 Bijilo Annex L�-. West Coast Region, The Gambia Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.int/0 0 a