as required by Article 6(2) of the Protocol read together with
Article 56(6) of the Charter and Rule 40(6) of the Rules is
dismissed.
v.
Unanimously, that the Application is admissible.
On the Merits
vr.
Unanimously, that there has been no violation of Articles 3,
5, 6, 7(1) (b) and 9(1) of the Charter.
vii.
Unanimously, that there has been a violation of Articles 1
and 7(1) (a), (c) and (d) of the Charter and Article 14(3)(d)
of the ICCPR.
viii.
By a vote of six (6) to two (2), Judge Elsie N. THOMPSON,
Vice-President
and
Judge
Rafaa
BEN
ACHOUR
dissenting, that the Applicant's prayer for release from
prison is denied.
ix.
Unanimously, that the Respondent is directed to take all
necessary measures within a reasonable time to remedy
the violations found, specifically precluding the reopening of
the defence case and the retrial of the Applicant, and to
inform the Court, within six (6) months, from the date of this
judgment of the measures taken.
x.
.
Unanimously, that in accordance with Rule 63 of the Rules
of Court, the Court directs the Applicant to file submission:
on the request for reparations within thirty (30) days hereof
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