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