On jurisdiction
i.
Dismisses the objection to its material jurisdiction;
ii.
Declares that it has jurisdiction.
On admissibility
iii.
Dismisses the objections to the admissibility of the Application;
iv.
Declares that the Application is admissible.
On merits
By a majority of nine (9) Judges for and one (1) Judge against, Justice Chafika
BENSAOULA having filed a Declaration:
v.
Holds that the Respondent State did not violate the Applicant’s
right to defence protected under Article 7(1)(c) of the Charter, read
jointly with Article 14(3)(a) and (f) of the ICCPR, with regard to the
provision of an interpreter;
Unanimously,
vi.
Holds the Respondent State did not violate the Applicant’s right to
defence protected under Article 7(1)(c) of the Charter with regard
to the provision of effective legal representation;
vii.
Holds that the Respondent did not violate the Applicant’s right to
a fair trial, protected under Article 7(1)(b) of the Charter with
regard to the right to be presumed innocent until proved guilty by
a competent court or tribunal;
viii. Holds that the Respondent State violated the Applicant’s right to
consular assistance protected under Article 7(1)(c) of the Charter
as read together with Article 36(1) of the VCCR, by failing to
facilitate the provision of consular services;
61
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