45. The Application is not based exclusively on news disseminated through
mass media as it is based on court documents from the municipal courts of
the Respondent State in fulfilment of Rule 50(2)(d) of the Rules.
46. The requirement of exhaustion of local remedies provided for under Rule
50(2)(e) of the Rules is also met given that, prior to the present Application,
the Court of Appeal, which is the highest judicial organ of the Respondent
State had adjudicated over the issues raised by the Applicant by a judgment
rendered on 17 March 2014.
47. Further, the Application does not concern a case which has already been
settled by the Parties in accordance with the principles of the Charter of the
United Nations, the Constitutive Act of the African Union, the provisions of
the Charter or of any legal instrument of the African Union in fulfilment of
Rule 50(2)(g) of the Rules.
48. Therefore, the Court concludes that the Application meets all the
admissibility conditions under Article 56 of the Charter as read together with
Rule 50(2) of the Rules, hence, declares it admissible.
VII. MERITS
49. The Applicant alleges the violation of the right to a fair trial, the right to life
and the right to dignity protected under Articles 7, 4 and 5 of the Charter.
The Court will examine these allegations in turn.
A. Alleged violation of the right to a fair trial
50. The Applicant alleged a violation of his right to a fair trial protected under
Article 7 of the Charter through the violation of the right to be tried within a
reasonable time, the right to defence, the right to be presumed innocent until
proved guilty by a competent court or tribunal and the right to be tried by an
impartial court or tribunal.
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