X.
OPERATIVE PART
98. For these reasons,
THE COURT,
On jurisdiction
Unanimously,
i.
Dismisses the objection to material jurisdiction;
ii.
Declares that it has jurisdiction.
On admissibility
iii.
Dismisses the objection to the admissibility of the Application;
iv.
Declares the Application admissible.
On merits
Unanimously,
v.
Holds that the Respondent State did not violate the Applicant’s
right to a fair trial protected under Article 7(1) of the Charter with
regards to the assessment of evidence;
By a majority of eight (8) for and two (2) against,
vi.
Holds that the Respondent State violated the Applicant’s rights
to life and dignity protected under Articles 4 and 5 of the Charter
respectively, in relation to the mandatory imposition of the death
penalty.
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