alleged violation(s) and not sufficient to merely cite provisions of the Charter
allegedly violated.
46. The Respondent State further avers that the articles cited in the Application
refer to one or more human rights, the express enunciation of which would
have enabled the Respondent State to know precisely the violation for which
it is allegedly liable and to defend itself better. It consequently concludes
that the Application is flawed in its presentation and deserves to be declared
inadmissible.
47. The Applicants submit that the Respondent State’s arguments have no legal
basis and are unfounded insofar as the alleged violations are clearly
indicated in their Application. In this regard, they rely on the provisions of
Article 7(1)6 and 267 of the Charter.
48. The Court notes that in making a determination on its material jurisdiction,
it has already considered the objection based on failure to specify the
provisions allegedly violated. The Court, therefore, does not find it
necessary to examine the same objection to the admissibility of the
Application.
49. The Court consequently dismisses the Respondent State’s objection on the
ground that the Applicant did not sufficiently elaborate on the alleged
violation.
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Every individual shall have the right to have his cause heard. This comprises:
a) 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 […];
d) The right to be tried within a reasonable time by an impartial court or tribunal.
7 States Parties to the present Charter shall have the duty to guarantee the independence of the Courts
and shall allow the establishment and improvement of appropriate national institutions entrusted with
the promotion and protection of the rights and freedoms guaranteed by the present
Charter.
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