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120 .
In light of the foregoing , the Court declares that this Application is admissible.
VII.
THE MERITS
A. Alleged violation of the right to a fair trial
121 .
The Applicant alleges that his rights guaranteed and protected under Article
7(1) of the Charter have been violated in several respects and successively
enumerates his rights to be tried by a competent court, to be notified of the charges
preferred against him , to access the case file , not to be tried twice for the same
act , to be tried within a reasonable time, to be assisted by counsel, to exercise an
effective and meaningful remedy and the right to the presumption of innocence.
122.
The Court notes that Article 7(1) of the Charter invoked by the Applicant,
provides that: "1. Every individual shall have the right to have his cause heard. This
comprises:
(a) The right to an appeal to competent national organs against acts of violating his
fundamental rights as recognized and guaranteed by conventions, laws,
regulations and customs in force;
(b) The right to be presumed innocent until proved guilty by a competent court or
tribunal;
(c) The right to defence, including the right to be defended by counsel of his choice;
(d) The right to be tried within a reasonable time by an impartial court or tribunal."
123.
As for Article 14(7) of ICCPR, this reads as follows: "No one shall be liable to be
tried or punished again for an offence for which he has already been finally convicted or
acquitted in accordance with the law and penal procedure of each country".
124.
The Court notes that the provisions of Article 7(1) above relate to the overall
requirement of procedural fairness such that they are interrelated and do frequently
overlap, even if they are distinct and can be assessed differently.
I