2022)15 and found that she lacked that capacity. The national courts therefore complied with the standards of due process. 69. In light of the foregoing, the Court finds that the procedure leading to the Applicant’s conviction does not disclose any manifest error or miscarriage of justice. The Court therefore dismisses this allegation. VIII. REPARATIONS 70. The Applicant prays the Court to grant him reparations for the violations he suffered including the ordering of his release. 71. The Respondent State prays the Court to dismiss the Applicant’s prayer for reparations. *** 72. Article 27(1) of the Protocol provides that: If the Court finds that there has been violation of a human or peoples’ rights, it shall make appropriate orders to remedy the violation, including the payment of fair compensation or reparation. 73. In the instant case, given that no violation has been found, the consideration of the prayer for reparation is no longer warranted. The Court, therefore, dismisses the Applicant’s prayer for reparations. Section 127(1) of the Evidence Act: “Every person shall be competent to testify unless the court considers that he is incapable of understanding the questions put to him or of giving rational answers to those questions by reason of tender age, extreme old age, disease (whether of body or mind) or any other similar cause.” Section 127 (2) of the Evidence Act: “Where in any criminal cause or matter a child of tender age called as a witness does not, in the opinion of the court, understand the nature of an oath, his evidence may be received though not given upon oath or affirmation, if in the opinion of the court, which opinion shall be recorded in the proceedings, he is possessed of sufficient intelligence to justify the reception of his evidence, and understands the duty of speaking the truth.” 15 17

Select target paragraph3