67.In view of the above, the Court is of the view that the manner in which the
domestic courts examined the evidence as regards the proof of the offence
that the Applicant was
justice.
Consequently,
charged
the Court
with did
not constitute
holds that the alleged
a miscarriage
violation
has
of
not
been established and accordingly dismisses it.
iv.
Alleged failure to review decisions of lower courts
68. The Applicant alleges that the appellate courts based their decisions on the
findings of the lower courts without reviewing them, thus violating his right
to have his sentence reviewed by appellate courts. The Respondent State
disputed the Applicant's allegation generally without substantiation.
ek
69. The Court notes that the right to have one’s case heard by a higher court is
provided for under Article 14(5) of ICCPR
which
provides that: "Everyone
convicted of a crime shall have the right to his conviction and sentence being
reviewed by a higher tribunal according to law."
70.The
Court
notes
that Article
14(5)
of ICCPR,
cited
above,
empowers
appellate courts to review contested decisions, which they may or may not
decide to uphold. In the instant case, the record indicates that the High Court
and the Court of Appeal
reviewed the decisions of the lower courts and
decided to uphold them.
71.The Court further notes that the Applicant does not demonstrate how the
upholding
of the decisions
of the lower courts
by the appellate courts
constitutes a violation of his right to appeal.
72. The Court therefore finds that the alleged violation has not been established
and accordingly dismisses it.
19