VII. MERITS
56. The Applicants allege, as detailed in paragraph six (6) of this Judgment, that
the Respondent State violated their rights to non-discrimination; equality
before the law and equal protection; life; dignity; and a fair trial protected
under Articles 2, 3, 4, 5 and 7 respectively. The Court will now consider each
of the Applicants’ allegations.
A. Alleged violation of the right to a fair trial
57. In relation to the alleged violation of the right to a fair trial, the Applicants
contend that the Respondent State violated their rights due to failure to
consider their evidence and to provide reasons for the conclusions reached
by the domestic courts; the domestic court’s reliance on faulty identification
evidence and the prosecution’s failure to prove the case against the
Applicants beyond reasonable doubt. The Court will individually address
each of the alleged violations of the Applicants’ right to a fair trial.
i.
Alleged failure to consider exculpatory evidence
58. The Applicants argue that the High Court and the Court of Appeal ignored
exulpatory evidence thereby rendering their trial unfair. They further aver
that their right to a fair trial was violated by Respondent State insofar as the
trial court failed to furnish them with reasons for disregarding and not
considering their defence.
*
59. The Respondent State refutes the Applicants’ allegations and claims that
the trial court, after the prosecution had presented its evidence, issued a
ruling in accordance with its CPA, in which it held that there was enough
evidence presented, which required the accused persons to defend
themselves. After this, all the accused persons (including the Applicants)
proceeded to present their case by giving testimony. The Respondent
States submits, therefore, that both the High Court and the Court of Appeal
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