under Article 7(1)(a) of the Charter?2. The European?
and Inter-American”
Courts of Human
Rights have also found a violation of the right to a reasoned
decision
basis
on
the
of the
corresponding
provisions
of
their
respective
conventions which they have the duty to interpret.
65. In the present case, the Court notes that the High Court examined at length the
Applicant's plea concerning
his status and concluded that the Applicant should
have been accorded the status of a state employee and not that of a contracted
staff.25 The same is true for the Supreme Court, which in both Judgments not only
relied on the Applicant's pleadings,
but also examined them
extensively before
concluding that the trial judge had misapplied the law on this point.
66. In these circumstances, the Court considers that the Applicant's allegation that
the domestic courts failed to state the reasons for their decisions, is unfounded.
67. Accordingly, the Court finds that there has been no violation of Article 7(1)(a) of
the Charter.
Right to be tried by an impartial court
68. The Applicant alleges that the Supreme Court was not impartial because of the
enmity between
Applicant,
two
among
(2) of the three
the
members
(3) judges
of
the
of the court. According
bench
was
Mukandamage, who also sat in a case against the ATRACO
Judge
Marie
to the
Josée
Minibus Taxi Drivers’
Union in which the Applicant allegedly filed a motion before the Senate against
the judges.
*RK
22 See Kenneth Good v Botswana Communication 313/05 (2010), AHRLR 43 (ACHPR 2010) §§ 162,
175. Also see Albert Bialufu Ngandu v. Democratic Republic of Congo, Communication 433/12 (19th
Extra-ordinary Session, 16 to 25 February 2016), §§ 58-67.
23 See for example, Baucher v. France, ECHR (2007); K.K. v. France, ECHR, 10/10/2013, Application No.
18913/11, § 52.
24 See for example, Barbani Duarte and Others v. Uruguay, 13/10/2011, §§ 183-185.
25 See Judgment, RADA 0157/10/HC/KIG of 25/01/2013, § 4.
28 Judgment, RADA 0015/13/CS of 8/11/2013, §§ 9-17; See Judgment No. RS/REV/AD/0003/15/CS of
27/1/2017 §§ 6-13.
17