Court finds that the failure to determine the issue of the ownership of the property alleged to have been stolen and the discrepancies in the description of this property, were violations of a fundamental nature and adversely affected his right to a fair hearing at the trial and Appellate Courts. V. The alleged Obligation to Freedoms Violation by the 2Respondent of its Recognise the Rights, Duties Enshrined in the Charter and and to Adopt Measures to Give Them Effect. 132. The Applicant contends generally, that the Respondent has violated Article 1 of the Charter on the obligation to recognise the rights, duties and freedoms enshrined in the Charter and to undertake to adopt measures to give effect to them. 133. In response, the Respondent denies violating article 1 of the Charter. The Respondent states that it has domesticated the Charter through the Bill of Rights of its Constitution, the Basic Rights and Duties Enforcement Act and the Criminal Procedure Act. The Respondent has also made the declaration under Article 34(6) of the Court's Protocol. 134. The Court notes that the Respondent State has ratified the Charter and adopted constitutional and statutory measures to domesticate it and made the declaration under Article 34(6) of the Protocol. 54