73. The Court notes, as mentioned in paragraph 3 of this Judgment, that the
Applicants were co-accused in the domestic proceedings and the
circumstances of their conviction were identical. The Court will therefore
simultaneously consider the allegations raised by both Applicants as well as
the separate allegations made by each Applicant in a sequential and
systemic manner.
A. Alleged violation of the right to a fair trial
74. The Applicants make two allegations relating to their right to a fair trial: first,
that their conviction and sentence were based on unreliable evidence, and
second, that the domestic Courts failed to properly consider their defence
of alibi. The Court will proceed to consider each of these two allegations.
i.
Allegation that the conviction and sentence were based on unreliable
evidence
75. The Applicants assert that the Respondent State violated their rights to a
fair trial by convicting and sentencing them on the basis of unreliable
evidence. They maintain that the domestic courts relied on visual
identification of witnesses who claimed to have identified them as the main
perpetrators of the crime.
76. According to the Applicants, this evidence was short of meeting the
standards of proper evidence for criminal proceedings. They claim that first,
the visual identification was allegedly made at around 9 p.m. when it was
dark with little or no lighting and that no description of the culprits was ever
disclosed; second, the witnesses were members of the same family; thirdly,
the offence was poorly investigated and that neither the investigator nor the
arresting police officer testified before the Court. Furthermore, the First
Applicant adds that the local leaders of the alleged area where the crimes
were committed did not testify in support of the prosecution.
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