I. THE PARTIES 1. Misozi Charles Chanthunya (hereinafter referred to as “the Applicant’’) is a national of Malawi. At the time of filing the Application, he was serving a life sentence at Zomba Central Prison, having been convicted by the High Court of Malawi, for the offence of murder. He was sentenced to two years imprisonment for hindering the burial of a dead body, and two years’ imprisonment with hard labour for perjury. He alleges violation of his right to a fair trial in proceedings before domestic courts. 2. The Application is filed against the Republic of Malawi (hereinafter referred to as “the Respondent State”) which became a party to the African Charter on Human and Peoples’ Rights (hereinafter referred to as “the Charter”) on 23 February 1990 and to the Protocol on 9 October 2008. It further deposited, on 9 October 2008, the Declaration under Article 34(6) of the Protocol (hereinafter referred as “the Declaration”) by which it accepted the jurisdiction of the Court to receive cases directly from individuals and NonGovernmental Organisations with observer status before the African Commission on Human and Peoples’ Rights. II. SUBJECT OF THE APPLICATION A. Facts of the matter 3. It emerges from the Application that on 1 March 2018, the Applicant was extradited from South Africa to the Respondent State. He was arraigned before the High Court of Malawi Zomba District and charged with the murder of Ms Linda Gaza contrary to section 209 of the Respondent State’s Penal Code. The said murder allegedly occurred on or about 4 August 2010 at Monkey Bay in Mangochi District. The charge was later amended to include the offences of hindering the burial of a dead body contrary to section 131, and perjury contrary to section 101 of the Respondent State’s Penal Code. 2