62. The language used in the Application is not disparaging or insulting to the
Respondent State or its institutions in fulfilment of Rule 50(2)(c) of the
Rules.
63. The Application is not based exclusively on news disseminated through
mass media as it is founded on legal documents in fulfilment with Rule 50(2)
(d) of the Rules.
64. Furthermore, the Application does 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.
65. The Court, therefore, finds that all the admissibility requirements have been
met and that this Application is admissible.
VII. MERITS
66. The Applicant alleges the violation by the Respondent State of his rights to
a fair trial guaranteed under Article 7(1)(c) of the Charter and Article 13 of
the Constitution, when:
i.
It failed to provide him with legal assistance throughout the proceedings
before domestic courts;
ii.
It failed to notify the Rwandese Ambassador of his arrest and
incarceration;
iii. It failed to consider issues of evidence concerning: the inconsistent
testimonies of the prosecution witnesses and evidence adduced by the
prosecution; reliance on circumstantial evidence adduced by the victim’s
family members; and failure to prove the victims age beyond reasonable
doubt; and
iv. It failed to prove the case against him beyond reasonable doubt.
17
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