00032
of the African Union, the provisions of the Charter or of any other legal instruments
of the African Union as required by Sub-Rules 1, 2, 3,4 and 7 of Rule 40 of the
Rules are not in contention between the Parties.
52.The Court also notes that nothing in the record before it indicates that these
requirements are not fulfilled. Consequently, the Court holds that these
admissibility requirements have been fully met in the instant case.
53.1n view
of the foregoing, the Court declares that the instant Application is
admissible.
o
VII.
THE MERITS
A. Allegations
of violations of the right to a fair trial
54.The Applicant makes allegations of violations which fall within the scope of Article
7 of the Charter. The Court will examine them one after the other as follows.
i)
Allegation that the Applicants' conviction was based on contradictory
evidence
55.The Applicants submit that their conviction in the domestic courts was based solely
o
on incriminating evidence of visual identification which is "perjured, concocted and
privy". The Applicants as indicated in paragraph 8 above, cite what they consider
contradictory statements made by the witnesses who testified against them and
those that, were not credible enough to support their conviction. The Applicants
emphasise that four (a) of the prosecution witnesses have a close relationship
which, in view of their contradictory testimonies, attests to their fabrication of the
story that the Applicants were the ones who committed the crimes in question.
17
I