conclusion is supported by the fact that the charges against the author in 1982 and in 1988 were identical, whereas the duration of the judicial process on each occasion differed considerably. author was arrested or detained on account of his participation in demonstrations against the regime of President Diouf, or because of his presumed support for the Movement of Casamance's Democratic Forces. On the basis of the material before it, the Committee is of the opinion that there has been no violation of article 19. 9. The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts as found by the Committee reveal a violation of article 9, paragraph 3, of the Covenant. 8.6 The Committee notes that the author was first arrested on 15 January 1982 and released on 9 May 1986; the length of his detention, four years and almost four months, is uncontested. It transpires from the State party's submission that no trial date was set throughout this period, and that the author was released provisionally, pending trial. The Committee recalls that under article 9, paragraph 3, anyone arrested or detained on a criminal charge shall be brought promptly before a judge ... and shall be entitled to trial within a reasonable time or to release. What constitutes "reasonable time" within the meaning of article 9, paragraph 3, must be assessed on a case-by-case basis. 10. The Committee is of the view that Mr. Famara Koné is entitled, under article 2, paragraph 3 (a), of the Covenant, to a remedy, including appropriate compensation. The State party is under an obligation to ensure that similar violations do not occur in the future. 11. Bearing in mind that, by becoming a State party to the Optional Protocol, the State party has recognized the competence of the Committee to determine whether there has been a violation of the Covenant or not and that, pursuant to article 2 of the Covenant, the State party has undertaken to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the Covenant to provide an effective and enforceable remedy in case a violation has been established, the Committee wishes to receive from the State party, within ninety days, information about the measures taken to give effect to its Views. ____________ 8.7 A delay of four years and four months during which the author was kept in custody (considerably more taking into account that the author's guilt or innocence had not yet been determined at the time of his provisional release on 9 May 1986) cannot be deemed compatible with article 9, paragraph 3, in the absence of special circumstances justifying such delay, such as that there were, or had been, impediments to the investigations attributable to the accused or to his representative. No such circumstances are discernible in the present case. Accordingly, the author's detention was incompatible with article 9, paragraph 3. This * Pursuant to rule 85 of the Committee's rules of procedure, Mr. Birame Ndiaye did not participate in the adoption of the Committee's Views. Communication No. 400/1990 Submitted by: Darwinia Rosa Mónaco de Gallicchio, on her behalf and on behalf of her granddaughter Ximena Vicario on 2 April 1990 (represented by counsel) Alleged victim: The author and her granddaughter State party: Argentina Declared admissible: 8 July 1992 (forty-fifth session) Date of adoption of Views: 3 April 1995 (fifty-third session) Subject matter: Rights of the grandparent and child in case of abduction following the enforced disappearance of parents (guardianship, representation in proceedings, legal identity) Articles of the Covenant: 2, 3, 7, 8, 9, 14, 16, 17, 23, 24 and 26 Procedural issues: Effective remedies – Lack of substantiation of claim – Continuing effects of violations committed prior to the entry into force of the Covenant and the Optional Protocol 1. The author of the communication is Darwinia Rosa Mónaco de Gallicchio, an Argentine citizen born in 1925, currently residing in Buenos Aires. She presents the communication on her own behalf and on behalf of her granddaughter, Ximena Vicario, born in Argentina on 12 May 1976 and 14 years of age at the time of submission of the communication. She claims that they are victims of violations by Articles of the Optional Protocol: 2 and 5 (2) (b) Substantive issues: Right to family life and privacy – Protection of children – Prolonged judicial proceedings 47