69. The Court, therefore, finds that all the admissibility requirements have been
met and that the Application is admissible.
VII. MERITS
70. The Court notes that the Applicant alleges that the Respondent State has
violated his right to be heard, right to legal representation, the right to bail,
and right to equal treatment and equal protection of the law, in contravention
of Articles 2, 3, 6 and 7 of the Charter.
71. The Court notes that the Applicant’s contentions of violation of the right to
be heard and the right to legal assistance fall within the scope of the right to
a fair trial enshrined under Article 7 of the Charter. On the other hand, the
Applicant’s claim of violations of Articles 2 and 3 relate to his allegation of
being unfairly treated contrary to his right to equality and equal protection of
the law. Furthermore, the Applicant’s allegation of denial of the right to bail
pertain to Article 6 of the Charter, which guarantees the right to liberty.
Accordingly, the Court will now address these allegations individually in a
sequential manner.
A. Allegation of violation of the right to a fair trial
i.
Alleged violation of the right to be heard
72. The Applicant alleges that the Respondent State violated his right to be
heard during the trial that led to his conviction and sentence and
subsequently, in the course of his appeals. He claims that his conviction
was based on insufficient evidence obtained from the testimony of
Prosecution Witnesses (PW I and PW 6) and Prosecution Exhibit (Exhibit
2).
73. The Applicant asserts that the domestic courts simply looked at the
demeanour of these witnesses to ascertain their credibility. He also contests
18