99. The Court considers that there is no reason in the circumstances to depart
from the above provisions. Consequently, it orders that each party bear its
own costs of the proceedings.
X.
OPERATIVE PART
100. For these reasons,
THE COURT
Unanimously,
On jurisdiction
i.
Dismisses the objection raised by the Respondent State;
ii.
Declares that it has jurisdiction.
On admissibility
iii. Dismisses the objections to the admissibility of the Application;
iv. Declares the Application admissible.
On merits
v. Finds that the Respondent State did not violate the Applicant’s right
to equality before the law and equal protection of the law protected
by Article 3(1) and (2) of the Charter respectively;
vi. Finds that the Respondent State did not violate the Applicant’s right
to dignity protected Article 5 of the Charter;
vii. Finds that the Respondent State violated the Applicant’s right to a
fair trial guaranteed under Article 7(1)(c) of the Charter as read
together with Article 14(3)(d) of the ICCPR in relation to the failure
to afford the Applicant free legal assistance.
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