" · --1 - - the· provisions of Article 7(1)-d of the 27 June 1981 African Charter on Human and Peoples' Rights, which essentially endorse the right of every human being to be tried or heard in a reasonable time by an impartial and independent court or tribunal. 1.2 Arguments of Atsou Komlavi and 4 Others 45. They allege that they filed their case before the investigating judge of the Court of the Court of First Instance of Amlame, located about 200 kilometres from Lome; and that for 4 years, for some of them, and 3 years, for others, their complaints have not been called for hearing in court. 1.3 Arguments of Tomekpe Lanou and 29 Others 46. They allege that 4 years have elapsed, and for others, 3 years, since they filed their case before the investigating judge of the Court of the Court of First Instance of Atakpame; and that as at the time they brought their case before the Honourable Court, their case had still not been called for hearing. 2. Arguments of the Republic of Togo --47. According to the Republic of whereas-the complainants state in their Application that since the lodgment of their complaints between 1 October 2008 and 25 August 2009, numerous steps and monitoring by the lawyers of CACIT have been engaged in, without indicating precisely which of them, it is apparent from the exhibits filed among the pleadings in the case file before this Honourable Court, and communicated to it, that certain, procedural formalities were payment of. a guarantee fee which not fulfilled, nota.bly the is fixed on the orders , of the investigating judge, so as to set the public proceedings in motion, in accordance with Article 71 of the Togo Code of Criminal - Procedure, which provides that "The civil party that initiates a public action shall if he has not obtained legal aid pay a guarantee of a fixed sum to the registry upon an order of the investigating judge, failing which his complaint may not be admitted." 13 -