specific or compelling circumstances that would warrant the Court to
grant such an order.
158. The Court recalls that it has already found violations of various
aspects of the Applicant's right to a fair trial contrary to Article
7(1)(a),(c) and (d) of the Charter and Article 14(3)(d) of the ICCPR.
The appropriate recourse in the circumstances would have been to
avail the Applicant an opportunity for reopening of the defence case
or a retrial.
34
However, considering the length of the sentence he
has served so far, being about twenty (20) years out of thirty (30)
years, both remedies would result in prejudice and occasion n
miscarriage of justice.
159. The Court therefore orders the Respondent State to take
appropriate measures to remedy the violations taking into account
the above factors.
XI.
Costs
160. The Respondent prayed that the Court orders the Applicant to
bear the costs of the Application. The Court notes that Rule 30 of the
Rules of Court states that "[U]nless otherwise decided by the Court, each
party shall bear its own costs." The Court will decide on the issue of costl:i
when it considers the issue of reparations.
resulted in a double jeopardy situation which is prohibited by the American Convention
on Human Rights.
34
See ECtHR Stoyanov v. Bulgaria, Application No. 39206/07, 31 January 2012.
63
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