75. According to a report by a psychologist, which was provided by the
Applicant together with his amended Application, the Applicant was
suffering from an acute stress reaction after committing the offence. On this
basis, the Applicant avers that he was in a vulnerable situation when he was
interrogated, hence he was not in a condition to waive his right to remain
silent. He states that the conditions in which his confession was extracted,
renders it involuntary and violate his fair trial rights.
76. The Applicant also states that during the trial within the trial, when the High
Court adjudicated whether to admit his confession, it failed to make inquiry
about his physical injuries, mental state, and any medical treatment he had
received. In addition, the Applicant submits that the High Court did not
inquire how his physical injuries and mental state contributed to his inability
to understand his right to remain silent. Furthermore, he says that the High
Court stated that even if the Applicant’s confession was obtained through
tortured before, this did not affect his confession. The Applicant states that
by relying on his involuntary confession to convict and sentence him to
death, the Respondent violated Articles 7 and 14 of the ICCPR and Articles
5 and 7 of the African Charter.
77. He also asserts that the absence of direct witnesses to the killings resulted
in the High Court relying on unreliable hearsay evidence to convict him. In
particular, the Applicant states that based on hearsay evidence, he is
alleged to have quarrelled with his wife the day before he committed the
offence.
78. In addition, he states that to bolster his motivation for killing his wife, the
prosecution relied on further hearsay evidence of another quarrel.
Furthermore, he submits that the hearsay evidence regarding the
observations and opinion of Haile Cherehani (prosecution witness) further
bolstered the prosecution’s theory that he committed the offence.
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