proceedings insofar as the criminal proceedings against an applicant have
been determined by the highest appellate court.18
56. In the instant case, the Court notes that the Applicant’s appeal before the
Court of Appeal, the highest judicial organ of the Respondent State, was
determined when that Court rendered its judgment on 12 March 2013.
Thereafter, the Applicant’s application for review was dismissed by the
Court of Appeal on 19 March 2015. The Court holds, therefore, that the
Respondent State had the opportunity to address the violations alleged by
the Applicant arising from her trial in the various courts. Consequently, the
Application has complied with the requirement under Rule 50 (2) (e) of the
Rules.
57. The Court also holds that the Application does not raise any matter or issues
previously settled by the parties in accordance with the principles of the
Charter of the United Nations, the Constitutive Act of the African Union, the
provisions of the Charter or of any legal instrument of the African Union as
required under Rule 50 (2) (g) of the Rules.
58. As a consequence of the foregoing, the Court finds that the Application fulfils
all the requirements set out under Article 56 of the Charter as restated in
Rule 50(2) of the Rules and accordingly finds the Application admissible.
VII. MERITS
59. The Applicant alleges that the Respondent State has violated her right to
life, right to dignity and right to a fair trial as guaranteed under Articles 4, 5
and 7 of the Charter, respectively. She further alleges that by failing to give
effect to these rights, the Respondent State also violated Article 1 of the
Charter.
18
Mohamed Abubakari v. United Republic of Tanzania (merits) (3 June 2016) 1 AfCLR 599, § 76.
17