the appeal proceedings. In the circumstances, the Court finds his
allegations unfounded.
117. In view of all of the above, the Court, therefore, holds that the Respondent
State did not violate the Applicant’s right to a fair trial under Article 7 of the
Charter.
E. Alleged violation of the right to enjoy family life
118. The Applicant contends that the Respondent State violated his right to
family by separating him from his family through a wrongful conviction.
*
119. The Respondent State submissions did not address this allegation.
***
120. Article 18 of the Charter, in so far as is material, provides as follows:
1.
The family shall be the natural unit and basis of society. It shall be
protected by the State which shall take care of its physical health
and moral.
2.
The State shall have the duty to assist the family which is the
custodian or morals and traditional values recognized by the
community.
121. The Court notes that the Applicant’s allegations on this point stem from his
conviction and subsequent incarceration. Given that his separation from his
family is due to his conviction, which this Court has found no reason to set
aside, the Court finds that there is no basis for holding that the Respondent
State violated Article 18 of the Charter.
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