and treatment guaranteed under Article 5 of the Charter in relation to its agent, the Justice of the Peace’s failure to order prompt investigations into the alleged abuse and police brutalisation; vii. Holds that the Respondent State violated the Applicant’s right to a fair trial by failing to provide the Applicant with effective free legal assistance as guaranteed under Article 7(1)(c) of the Charter as read together with Article 14(3)(d) of the ICCPR; By a majority of seven (7) Judges for and three (3) Judges against, Justices Chafika BENSAOULA, Stella I. ANUKAM and Dennis D. ADJEI partially dissenting, viii. Holds that the Respondent State has violated the Applicants right to a fair trial by failing to try him within a reasonable time as guaranteed under Article 7(1)(d) of the Charter; By a majority of eight (8) Judges for and two (2) Judges against, Justices Blaise TCHIKAYA and Dumisa B. NTSEBEZA dissenting, ix. Holds that the Respondent State violated the Applicant’s right to life protected under Article 4 of the Charter in relation to the mandatory imposition of the death penalty by failing to allow the judicial officers discretion to take into account the nature of the offence and the circumstances of the offender; x. Holds that the Respondent State violated the right to dignity and not to be subjected to cruel, inhuman or degrading punishment and treatment guaranteed under Article 5 of the Charter in relation to the imposition of the death penalty by hanging. Unanimously, On reparations 44

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents