TABLE OF CONTENTS
TABLE OF CONTENTS
i
I.
THE PARTIES
2
II.
SUBJECT OF THE APPLICATION
3
A.
Facts of the matter
3
B.
Alleged violations
3
III.
SUMMARY OF PROCEDURE BEFORE THE COURT.
5
IV.
PRAYERS OF THE PARTIES
7
V.
JURISDICTION
A.
Objections to material jurisdiction
8
8
i.
Objection based on the allegation that the Court is being called to act as a court of
10
first instance
ii. Objection based on the allegation that the Court is being called to assume
10
appellate jurisdiction
B.
Material jurisdiction regarding the alleged violation of the right to consular
11
assistance
C.
VI.
Other aspects of jurisdiction
ADMISSIBILITY OF THE APPLICATION
A.
Conditions of admissibility in contention between the Parties
i. Objection based on the alleged failure to exhaust local remedies
ii. Objection based on the failure to file the Application within a reasonable time
iii. Objection based on the late submission of the claim related to the
unfairly prolonged detention without charges preferred
B.
Conditions of admissibility not in contention between the Parties
VII.
MERITS
12
12
13
13
15
17
17
17
18
Alleged violation of the right to a fair trial
18
B.
The right to defence
The right to be assisted by an interpreter
The right to have access to a lawyer
The right to consular assistance
The allegation that the investigation was improper and insufficient
The right to presumption of innocence
The right to be tried within a reasonable time
Alleged violation of the right to dignity
18
18
22
23
26
29
30
32
C.
Alleged violation of the right to property
34
D.
Allegation that the Applicant suffered mental anguish
35
E.
Alleged violation of Article 1 of the Charter
36
A.
i.
a.
b.
c.
Ii.
iii.
iv.