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12.Furthermore,
in our view, the Court's
reasoning should not have been
predicated on speculation as to the potential impact
of the letter on the
Applicants' conviction, had it been available at the time of their trial and
appellate proceedings. What is more relevant and which the majority should
have relied on, rather, is the fact that there is nothing on record to show that the
letter was presented and considered by the domestic courts although it was in
the possession of the Applicants at the time of the Application for review of the
Court of Appeal's decision.
13. ln spite of the fact that the Court has not urged the Respondent State
to ensure
that investigations initiated by CHRGG are concluded and necessary action
taken as may be necessary, we express the hope that the State will still do so
o
in exercise of its international responsibility and
the duty it owes to its citizens.,
Done at Tunis, this 7th of December in the year Two Thousand and Eighteen in
English and French, the English text being authoritative.
Justice Ben KIOKO-Vice President
-7trr^.a.-'
Justice Tujilane R. CHIZUMILA
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