67. The Applications are not based exclusively on news disseminated through
mass media as they are based on court documents from the municipal
courts of the Respondent State in fulfilment of Rule 50(2)(d) of the Rules.
68. Further, the Applications do not concern a case which has already been
settled by the Parties in accordance with the principles of the Charter of the
United Nations, the Constitutive Act of the African Union, the provisions of
the Charter or of any legal instrument of the African Union in fulfilment of
Rule 50(2)(g) of the Rules.
69. The Court therefore concludes that the instant Applications meet all the
admissibility conditions under Article 56 of the Charter as read together with
Rule 50(2) of the Rules, hence, declares them admissible.
VII. MERITS
70. In their separate Applications, the Applicants allege that their right to a fair
trial was violated in that their conviction was based on unreliable evidence
and without proper consideration of their defence of alibi.
71. The Applicants also make individual allegations. The First Applicant claims
that the Respondent State violated his right to a fair trial under Article 7(2)
of the Charter and Article 13(6)(c) of the Respondent State’s Constitution,
which prohibits the punishment of an act that did not constitute a crime at
the time of its commission.
72. The Second Applicant makes two additional allegations. Firstly, he claims
that he was not afforded legal assistance during the domestic proceedings
that led to his conviction and sentence, which he argues violated his rights
under Articles 2 and 7(1)(d) of the Charter. Secondly, he claims that the
Respondent State violated his rights under the same provisions of the
Charter by failing to hear his application for review at the Court of Appeal.
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