counter to multiple provisions within the Charter, which are designed to
safeguard accused persons’ liberty, fair trial, and equal treatment under the
law. 39
117. In the instant case, the Court notes the Respondent State’s submission that
the Applicant does not raise the violation of his right to bail, a point he does
not contest. Nevertheless, the Court underscores that Section 148(5) of the
CPA explicitly designates armed robbery, the offence for which the
Applicant was convicted, as a non-bailable offence. As a result, even if the
Applicant had raised the issue during domestic proceedings, the
Respondent State’s courts would have been precluded by law from
considering bail for armed robbery. The Respondent State has not furnished
adequate justification for such a categorical exclusion, creating a situation
where detention becomes the norm rather than the exception.
118. In view of the foregoing, the Court therefore finds that the Respondent
State’s denial of the possibility of bail to the Applicant violated his right to
liberty protected under Article 6 of the Charter as read jointly with Article
9(3) of the ICCPR.
VIII. REPARATIONS
119. The Applicant prays the Court to grant him reparations for the violations he
suffered including quashing his conviction and sentence and ordering his
release.
120. The Respondent State prays that the Court should dismiss the request for
reparations, contending that the Applicant was convicted and sentenced in
accordance with the law. The Respondent State asserts that in order for the
Court to order reparations, it must first find violation of human rights and
establish that the said violation caused harm. In the present matter, the
39
Ibid, §§ 151-153.
29