41. The Court, therefore, finds that all the admissibility conditions have been
met and that this Application is admissible.
VII. MERITS
42. The Applicant alleges the violations of Articles 2 and 7 of the Charter in
relation to the following allegations:
i.
His conviction was based on unreliable evidence; and
ii. The assessment of the evidence leading to the conviction was
discriminatory.
A. Allegation that the conviction was based on unreliable evidence
43. The Applicant alleges that the Court of Appeal erred in its decision as it did
not properly examine and evaluate the identification evidence adduced by
“PW2”. He submits further that the Court of Appeal did not consider his
arguments regarding the said “identification evidence” which caused a
miscarriage of justice. The Applicant, therefore, alleges that the Court of
Appeal violated his rights under Article 7 of the Charter.
44. The Respondent State did not file a response.
***
45. Article 7(1) of the Charter provides: “Every individual shall have the right to
have his cause heard …”.
46. The Court reiterates its position according to which, it held that:
(…) domestic courts enjoy a wide margin of appreciation in evaluating
the probative value of a particular evidence, and as an international
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