X. OPERATIVE PART 145. For these reasons: THE COURT Unanimously: On jurisdiction i. Dismisses the objection to its material jurisdiction; ii. Declares that it has jurisdiction. On admissibility iii. Dismisses the objections to the admissibility of the Application; iv. Declares the Application inadmissible in respect of the allegation of prolonged police detention before trial made by the Applicant; v. Declares the Application admissible in respect of the allegation of violation of the right to a fair trial by reason of the admission of unlawfully obtained evidence and the right to dignity due to his alleged torture. On merits vi. Holds that the Respondent State did not violate the Applicant’s right to fair trial under Article 7(1) of the Charter; vii. Holds that the Respondent State violated Articles 1 of the Charter. By a majority of Eight (8) Judges for, and Two (2) Judges against, Judges Blaise TCHIKAYA and Dumisa B. NTSEBEZA dissenting on the issue of the death penalty; 34