i.
Dismisses the objection to its material jurisdiction;
ii.
Declares that it has jurisdiction.
On admissibility
iii. Dismisses objection to admissibility;
iv. Declares that the Application is admissible.
On merits
v. Finds that the Respondent State did not violate the Applicant’s right
to dignity contrary to Article 5 of the Charter by allegedly not
providing him medical treatment for his self-inflicted physical injury;
vi. Finds that the Respondent State did not violate the Applicant’s right
to a fair trial under Article 7 of the Charter by allegedly convicting
him based on unreliable evidence and involuntary confession;
By a majority of eight (8) for, and two (2) against, Justices Blaise TCHIKAYA
and Dumisa B. NTSEBEZA dissenting
vii. Finds that the Respondent State did not violate the Applicant’s right
to dignity under Article 5 of the Charter allegedly by placing him in
inhumane prison conditions and on death row;
viii. Finds that the Respondent State violated the Applicant’s right to life
protected by Article 4 of the Charter by imposing a mandatory death
penalty, regardless of the subsequent act of clemency commuting
the sentence to life imprisonment;
Unanimously
ix. Finds that the Respondent State violated the Applicant’s right to be
tried within a reasonable time under Article 7 (1) (d) of the Charter.
55
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