indictment of the Applicant relied on the statements
of a single witness,
and that no
identification parade was conducted [supra, paras 162 et seq. and 186 et seq].
192. The Court also holds that, in the instant case, the police and the judicial authorities
of the Respondent State have not taken seriously the alibi argument advanced
Applicant,
by the
regardless of the uncertainties or possible contradictions in his allegations.
Implicit in the right to a fair trial is the need for a defence grounded on possible alibi to be
thoroughly examined and possibly set aside, prior to a guilty verdict. In this regard, the
Respondent State is not justified in invoking the state of its domestic judicial system and
technicalities that may be used to subvert compliance with its international commitments
in matters of human rights.2°
193. The Court further holds that by failing to further its investigations on the alibi defence
raised by the Applicant, and by relying on only the evidence adduced by the prosecution,
the national Judge violated the principle of equality of arms between the Parties in matters
of evidence, which is absolutely vital for justice?4.
194.
For all the foregoing
reasons,
investigation of the alibi allegation made
the
Court
holds
that the absence
of detailed
by the Applicant, and the non-consideration of
this defence by national courts constitute a violation of his right to a fair trial as guaranteed
by Article 7 of the Charter.
23 See also in this regard, the Court's judgment in the Matter of Tanganyika Law Society and Others v.
United Republic of Tanzania, 14 June 2013, paras 108-109; Commission: Communication No 212/98
Amnesty International v. Zambia, para 50.
24 See in this regard: ECHR: Dombo Beheer B.V. v. The Netherlands Judgment of 27 October 1993, para.
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