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proceedings because the investigation was carried out after all trial and appellate
proceedings their cases were concluded.
66.The Applicants also add that the witnesses admitted to their relatives that they
made an error in identifying the true perpetrators of the crime and even offered an
apology to the relatives. The Applicants further allege that the Court of Appeal's
refusal to consider their application for review filed on the basis of the new
evidence contravenes the provisions of the Charter.
67.The Respondent State has not responded to this allegation directly but in its
submission on admissibility in paragraph 38 above, the Respondent State
o
maintains that the Applicants can still pursue the matter within the domestic courts
by seeking an extension of time to file their application for review.
***
68.The Court observes that the right to have one's own cause heard as enshrined
under Article 7 (1) of the Charter is a fundamental human right that bestows upon
individuals a wide range of entitlements pertaining to due process of law, including
the right to be given an opportunity to express their views on matters and
procedures affecting their rights, the right to file a petition before appropriate
judicial and quasi-judicial authorities for violations of these rights and the right to
t
appeal
to
higher judicial authorities when their grievances are not properly
addressed by the lower courts.
69.The Court also notes that the right to have one's cause heard does not cease to
exist after the completion of appellate proceedings. ln circumstances where there
are cogent reasons to believe that the findings of the trial or appellate courts are
no longer valid, the right to be heard requires that a mechanism to review such
findings should be put in place. This is the case if there is new evidence which
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Y