4.
Before the High Court, the Applicant filed a notice of motion on preliminary
issues seeking declarations concerning alleged violations of statutory and
constitutional provisions. This was dismissed by the High Court on 23
January 2020.
5.
Subsequently, the Applicant filed a notice of appeal together with an
application for a stay of the High Court’s proceedings pending determination
of his appeal before the Malawi Supreme Court of Appeal. On 27 January
2020, the High Court dismissed the application. The dismissal was
subsequently upheld by the Malawi Supreme Court of Appeal on 22 July
2020.
6.
On 28 August 2020, the High Court convicted the Applicant for the offences
of murder, hindering the burial of a dead body and perjury. He was
sentenced to life imprisonment for murder, two years imprisonment for
hindering the burial of a dead body and another two years imprisonment
with hard labour for perjury, the sentences to run concurrently. He later
appealed to the Supreme Court of Appeal, which upheld the conviction and
sentence on 14 July 2021.
B. Alleged Violations
7.
The Applicant alleges violation of his right to a fair trial as follows:
i.
The right to an appeal to competent national organs against acts
violating his fundamental rights as recognized and guaranteed by
Conventions, laws, regulations and customs in force, protected by Article
7(1)(a) of the Charter as read together with Article 8 of the Universal
Declaration on Human Rights (UDHR), Part A, Article 2(j) and Part C,
Article (b)(i) of the Principles and Guidelines on the Right to a Fair Trial
and Legal Assistance in Africa (Fair Trial Guidelines);
ii.
The right to be presumed innocent until proved guilty by a competent
court or tribunal, protected by Article 7(1)(b) of the Charter as read
together with Article 14(2) of the International Covenant on Civil and
3