56. It was on these grounds that the Supreme Court decided that the Applicant was
a
contracted
staff
and
RS/REV/AD/0003/15/CS
not
a
civil
servant.’4
of 27 January 2017,
mentioned first decision, the Supreme
Moreover,
issued
in
decision
No.
in review of the above-
Court re-examined the Applicant's claims
on the basis of standards that he himself invoked.'®
57. In view of the foregoing, the Court considers that the Applicant's right to defence
has not been violated given that all the evidence was duly examined.
58. With regard to communication of the report on the Applicant's performance, the
Court
recalls that the right of the accused
to be duly informed
of the charges
levelled against him goes in tandem with his right to defence.*®°
The Court notes
in
on
particular
that
access
to
evidence
and
other
information
record
is a
fundamental component of the right to defence.'”
59. In the instant case, the Court notes that the Judgments of both the High Court and
the Supreme
Court made
reference to, and
considered
the complaint of, non-
disclosure of the Applicant's misconduct arising from his slow handling of the files
under his responsibility, thus tarnishing the image of the company.'® The Court
notes, in particular, that the Supreme Court having relied on the right invoked by
the Applicant himself, concluded, with reasons, that the employer is not bound to
explain the reasons for the termination of a contract during the probation period."
‘Ibid 14-17
15 See Judgment No. RS/REV/AD/0003/15/CS of 27/1/2017 §§ 6-13.
16 See Mohamed Abubakari v. United Republic of Tanzania, § 158. See also Pélissier and Sassi v.
France, ECHR, No. 25444/94 of 25/3/1999, § 52; See also Yvon Neptune v. Haiti (Merits, Reparations
and Costs), Inter-American Court of Human Rights, 6/5/2008, §§ 102-109
1” See African Commission on Human and Peoples’ Rights ‘Principles and Guidelines on the Right to a Fair
Trial and Legal Assistance in Africa’ (2001) Guidelines N(2)(d), N(2)(e)(2) (1-5); International Pen and
Others (on behalf of Saro-Wiwa) v. Federal Republic of Nigeria Communications 137/94, 139/94, 154/96
and 161/97 (2000) AHRLR 212 (ACHPR 1998) §§ 99-101; Jean-Marie Atangana Mebara v. Republic of
Cameroon, Communication 416/12 (18th Extra-ordinary Session, 29 July to 8 August 2015) §§ 107-109.
18See Judgment RAD 0157/10/HC/KIG of 25/01/2013 §§ 5-7; Ruling No. RADA 0015/13/CS of 08/11/2013,
§§ 18-28.
18See Ruling RADA 0015/13/CS of 08/11/2013 §§ 24-26.
15