and treatment guaranteed under Article 5 of the Charter in relation
to its agent, the Justice of the Peace’s failure to order prompt
investigations into the alleged abuse and police brutalisation;
vii.
Holds that the Respondent State violated the Applicant’s right to a
fair trial by failing to provide the Applicant with effective free legal
assistance as guaranteed under Article 7(1)(c) of the Charter as
read together with Article 14(3)(d) of the ICCPR;
By a majority of seven (7) Judges for and three (3) Judges against, Justices
Chafika BENSAOULA, Stella I. ANUKAM and Dennis D. ADJEI partially
dissenting,
viii. Holds that the Respondent State has violated the Applicants right
to a fair trial by failing to try him within a reasonable time as
guaranteed under Article 7(1)(d) of the Charter;
By a majority of eight (8) Judges for and two (2) Judges against, Justices
Blaise TCHIKAYA and Dumisa B. NTSEBEZA dissenting,
ix.
Holds that the Respondent State violated the Applicant’s right to
life protected under Article 4 of the Charter in relation to the
mandatory imposition of the death penalty by failing to allow the
judicial officers discretion to take into account the nature of the
offence and the circumstances of the offender;
x.
Holds that the Respondent State violated the right to dignity and
not to be subjected to cruel, inhuman or degrading punishment
and treatment guaranteed under Article 5 of the Charter in relation
to the imposition of the death penalty by hanging.
Unanimously,
On reparations
44
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