71. The Court also notes, for its part, that nothing in the records submitted to it by
the Parties suggests that any of the above requirements has not been met in
the instant case.
72. Consequently, the Court holds that the requirements under consideration in this
regard have been fully met and concludes that the Application is admissible.
VIII.
ON THE MERITS
73. The Applicants' allegations relate to violations of Articles 1, 3, 5,6 and 7 of the
Charter. The Court now makes an assessment of each of these alleged
violations, the Respondent's responses thereto and the merits of the parties'
claims. In line with the sequence of events which gave rise to the various
alleged violations, the Court deems it appropriate to examine first those
allegations relating to article 7 of the Charter.
A. Allegations of violations of the right to a fair trial under Article 7 of
the Charter
74.ln relation to Article 7, of the Charter, the allegations of the Applicants have
several prongs, which are treated separately below.
1/ Allegation regarding illegal extradition
i) Applicants' Submissions
75. The Applicants submit that they were extradited from Kenya unlawfully as there
was no extradition treaty between Kenya and Tanzania. They also allege that
they were prevented from exercising their rights of appeal following the order
of extradition issued by the Nairobi Law Court on 22 March 2003 as they were
immediately taken to the United Republic of Tanzania by a contingent of both
Kenyan and Tanzanian police.
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