105. Even though the Respondent State did not directly respond to this
allegation, it maintains that the Applicant’s conviction was in accordance
with established law and procedure.
***
106. The Court notes that Article 1 of the Charter imposes dual obligation on
State Parties: the duty to recognize the rights guaranteed therein and to
adopt legislative and other measures to give effect to these rights, duties
and freedoms.
107. Accordingly, in assessing whether or not a State has violated Article 1 of the
Charter, the Court examines not only the availability of domestic legislative
measures taken by the State but also whether the application of those
legislative or other measures is in line with the realization of the rights, duties
and freedoms enshrined in the Charter, that is, the attainment of the objects
and purposes of the Charter.
108. In the present Application, the Court observes that the Applicant alleges a
violation of Article 1 of the Charter, primarily citing torture and unfairness in
his trial. However, the Court has, found these allegations by the Applicant
to be unsubstantiated. The Court has, nevertheless, found that the
Respondent State violated Articles 4 and 5 of the Charter by reason of
maintaining the mandatory death penalty as well as the prescription of
hanging as a method of execution.
109. Given the findings above, the Court holds that the Respondent State
violated Article 1 of the Charter.
VIII. REPARATIONS
110. The Applicant prays that the Court “allow my case and quash the whole
proceedings of the high court and the court of appeal which their trial and
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