records to enable him defend himself; his defence based on the fact that the
Prosecutor before the District Court had a conflict of interest with the victim of
the armed robbery, to be considered by the Judge; not to be convicted solely
on the basis of the inconsistent testimony of a single witness in the absence of
any
identification
parade;
and
to
have
his
alibi
defence
given
serious
consideration by the Respondent State’s police and judicial authorities;
By majority of seven for and two against, Judge Elsie N. THOMPSON
BEN ACHOUR
x)
and Judge Rafaa
dissenting:
Declares that the Respondent
State has not violated Article 7 of the Charter
and/or Article 14 of the Covenant as regards the allegation
that the sentence
was not pronounced at a Public Hearing;
xi)
Rules that the Applicant’s prayer to be released from prison is refused;
Unanimously:
xii) | Orders
the
Respondent
State
to take
reasonable time frame to remedy all
all appropriate
measures
within
a
the violations established, excluding a
reopening of the trial, and to inform the Court of the measure so taken within
six (6) months from the date of this Judgment ;
xiii) | Reserves its ruling on
the prayers
for other forms of reparation and on
costs;
xiv) | Orders the Applicant to submit to the Court his brief on other forms of reparation
within thirty days from the date of this Judgment; also orders the Respondent
State to submit to the Court its response on other forms of reparation within
thirty days of receipt of the Applicant's brief.
63
|
CNe
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات