a. The right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; b.The right to be presumed innocent until proved guilty by a competent court or tribunal; c. The right to defence, including the right to be defended by counsel of his choice; d.The right to be tried within a reasonable time by an impartial court or tribunal. 2. Noone may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.” A. Alleged violations of the right to a fair trial 77. The Applicant alleges violations of Article 7 of the Charter for the following reasons: i. irregularities in the visual identification and hence the reliance on erroneous testimony to convict him; ii. denial of the opportunity to challenge the prosecution's evidence; iii. failure to allow the Applicant to present the alibi defence; iv. failure to provide him with free legal assistance; failure to render judgment on his appeal in Criminal Appeal No. 194/2004 within a reasonable time; and the fact of imposing a sentence for which there is no provision under the law. 74 * Quoted in extenso from the Applicant's submissions. 23

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