51. The Court notes that Article 7(1)(c) of the Charter provides that: “Every individual
shall have the right to have his cause heard... the right to defence, including the
right to be defended by counsel of his choice".
52. The Court notes that the Applicant alleges the violation of his right to defence on
the grounds that the Rwandan Supreme Court did not take into account some of
the
evidence
he
adduced
and
that
the
report
on
his
performance
was
not
communicated to him.
53. The Court reiterates, as it found in Armand Guehi v. United Republic of Tanzania
Judgment,
that it is not an appellate
body for decisions
rendered
by national
courts, but rather exercises its jurisdiction in the review of compliance of national
procedures with human rights conventions ratified by the State concerned."
54. The Court further recalls that once the evidence produced by the parties has been
duly received and examined in law and in equity, the domestic courts' proceedings
and decisions cannot be regarded as a violation of the right to a fair trial.'2
55. On the issue of considering the evidence adduced by the parties, the Court notes,
as is apparent from the record that; in determining the status of the Applicant, the
Supreme
Court referred to both the labour law of Rwanda,
the Civil Procedure
Code and the Law on the General Rules and Regulations governing the Rwandan
civil service. In particular and contrary to the Applicant's allegations, the Supreme
Court
considered
processing
the
of files. The
arguments
regarding
dismissal
for
lateness
in
the
Court notes that in addition to applying the provisions
invoked by the Applicant, the Supreme Court extensively relied on the pleadings
of the parties to the proceedings as set out in the Judgment RADA 0015/13/CS
of 8 November 2013."8
Armand Guehi v. United Republic of Tanzania (Merits and Reparations) § 33; Mohamed Abubakari v.
United Republic of Tanzania (Merits) (2016) 1 AfCLR 599 § 29.
12See Armand Guehi v. United Republic of Tanzania (Merits and Reparations) § 106.
BSee Judgment RADA 0015/13/CS of 08/11/2013, §§ 9-13.
14