security provided for in Articles 6 of the African Charter, 9 (1) of the ICCPR
and 3 and 9 of the UDHR.
2 - Violation of Article 7 of the African Charter on Human Rights,
Article 14 of the International Covenant on Civil and Political Rights
and Article 11 of the Universal Declaration of Human Rights by
violating the Applicant's right to the presumption of innocence:
148. The element of the right to a fair trial, invoked in the instant case, is
the right to the presumption of innocence.
149. In support of the violation of this right, the Applicant submits that the
State of Niger has incorporated this right to presumption of innocence into
its Constitution in Article 20; That all applications for the Applicant's
provisional release have been dismissed; That no matter how serious the
facts alleged against the Applicant may be, he is presumed innocent until he
is convicted by means of a sentence in accordance with Article 20 of the
Constitution of the Republic of Niger; that the Applicant first appealed to the
investigating judge who dismissed his application for provisional release; he
submitted an application for release on 5 November 2019 to the Control
Chamber in matters of counter-terrorism of the Niamey Court of Appeal
(Exhibit No. 2); that the said application remained unanswered; he wrote to
the Minister of Justice by correspondence through his lawyer on 23
December 2019; the Minister never responded, despite the Applicant only
seeking to be tried. (Exhibit 3)
150. On its turn, the Defendant submits that there is no violation of the
presumption of innocence, since the ongoing investigation aims precisely at
establishing his innocence or guilt in relation to the facts of which he is
accused of; that in the first place, the almost simultaneous attacks in Agadez
and Arlit gave rise to a complex and tedious procedure, given the number of
dead and civilians wounded reaching into the hundreds; the investigations
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