Unanimously:
v. Finds that the Respondent State did not violate the Applicant’s
rights to the right to equality before the law and equal protection of
the law protected under Article 3(1) and (2) of the Charter;
vi. Finds that the Respondent State did not violate the Applicant’s right
to fair trial as enshrined under Article 7(b) and (c) of the Charter and
Articles 14(2) read jointly with Article 14(3)(e) of the ICCPR, with
respect to the Applicant’s prosecution and conviction;
vii. Finds that the Respondent State did not violate the Applicants’ right
to defence as enshrined in Article 7 of the Charter with respect to
the use of the defence of alibi.
By a majority of Seven (7) for, and Three (3) against, Judges Blaise TCHIKAYA and
Dumisa B. NTSEBEZA, jointly dissenting and Judge Chafika BENSAOULA having
issued a declaration,
viii. Finds that the Respondent State did not violate Article 5 on the right
to dignity as guaranteed under Article 5 of the Charter as a result of
the conviction.
On reparations
ix. Dismisses the Applicant’s prayers for reparations.
On costs
x. Orders each Party to bear its own costs.
Signed:
Modibo SACKO, Vice-President;
32