Unanimously
On jurisdiction
i.
Dismisses the objection to its material jurisdiction;
ii.
Declares that it has jurisdiction.
On admissibility
iii. Dismisses the objection to the admissibility of the Application;
iv. Declares that the Application is admissible.
On merits
v. Finds that the Respondent did not violate the Applicants’ fair trial
rights guaranteed under Article 7(1)(a) and (b) of the Charter by
allegedly convicting and sentencing them based on unreliable
evidence;
vi. Finds that the Respondent State did not violate the Applicants’ right
to defence under Article 7(1)(c) by allegedly not properly
considering their defence of alibi;
vii. Finds that the Respondent State did not violate the Second
Applicant’s right to be tried within a reasonable time in violation of
Article 7(1)(d) of the Charter by not hearing his application for
review timeously;
viii. Finds that the Respondent State did not violate Article 7(2) of the
Charter and that the Applicants were not convicted and sentenced
on the basis of unclear law;
ix. Finds that the Respondent State did not violate the Second
Applicant’s right to non-discrimination enshrined in Article 2 of the
Charter;
x. Finds that the Respondent State did violate the Applicants’ right to
defence under Article 7(1)(c) of the Charter as read together with
Article 14(3)(d) of the International Covenant on Civil and Political
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