published on the official website of the Respondent State’s Judiciary.17 It
appears from the reading of the said judgment that the MSCA indeed
provided reasoning for its decision as evidenced on page 12.
89. Therefore, this Court finds that there was no violation of Article 7(1) of the
Charter read together with Article 14(1) of the ICCPR, Article 8 of the UDHR,
and Part A, Article 2(i) of the Fair Trial Guidelines regarding the right to
reasoned court’s decision.
IX.
REPARATIONS
90. The Applicant prays the Court to find that the Respondent State violated his
right to fair trial guaranteed under relevant human rights instruments and
such violation has occasioned miscarriage of justice, order for restitution by
way of restoration of his liberty and/or release from prison, and order for
compensation to be assessed by the Court.
*
91. The Respondent State did not file any response.
***
92. Article 27(1) of the Protocol provides that: “if the Court finds that there has
been violation of a human or peoples’ rights, it shall make appropriate
orders to remedy the violation, including the payment of fair compensation
or reparation.”
93. In the instant case, given that no violation has been found, the Court holds
that no reparations are warranted. The Court, therefore, dismisses the
Applicant’s prayer for reparations.
17
Misozi Charles Chanthunya v. The Republic, Criminal Appeal no 1 of 2021 (Malawi Supreme Court
of Appeal) (Judgment) (14th July 2021).
21