Alyan Abu Garir in twenty five sessions.
During these sessions, all the
accused pleaded guilty of having committed the crimes attributed to them‟.
154. The Respondent State contends that as a result of the findings of the PPO,
the victims were referred to Court in suit number No. 40/2005 of breaching
security under the State of Emergency by committing capital offence. The
Court, the Respondent State contends, had responded throughout its sittings
to all the requests made by the victims. They also submit that the Court had
during deliberations allowed the victims and their defence to produce
evidence in support of their case and to bring their own to witnesses. They
further submit that the Complainants were heard and that their request to be
examined by a forensic doctor was also granted. They submit that the court
equally heard the Complainants submissions in defence of the victims in 12
sessions and that they were allowed access to visit victims whenever they
requested. They also submit that the Complainants were given copies of the
minutes of investigations and all the records of court sittings as well as the
witnesses and that the court was convinced that their confessions were valid.
155. Concerning the Complainants‟ allegation that the fair trial rights of the
victims were violated, the Respondent State adopted its earlier position that
the victims had a fair and just trial before a legal, national and competent
court. They submit that the trial sessions were public and were attended by
the lawyers who represented the victims; and that, the trial was concluded
within a reasonable period.
156. The Respondent State argues that it is clear from the court processes that the
victims were tried before a legal, national and independent court constituted
of judges who enjoy judicial immunity. This according to the Respondent
State negates the allegation of a any violation of Article 26 of the African
Charter.
45