47. Based
on
the
foregoing,
conditions
set
out
the
in Article
Court
56
finds
of the
that the
Charter
Application
and
meets
accordingly
all the
declares
it
admissible.
VII.
MERITS
48. The Applicant alleges the violation of the right to a fair trial, right to equality before
the law, right to equal protection of the law and the right to work, under Articles 1,
3, 7(1) and 26 of the Charter, Articles 2(3)(c), 14(1) and 26 of the ICCPR; Article
6(1) of ICESCR
and Articles 7 and 10 of the UDHR.
He further alleges that the
Respondent State failed to honour its obligation to recognize the rights, duties and
freedoms enshrined in the Charter and to adopt the necessary measures to give
effect to them.
Alleged violation of the right to a fair trial
49. The aspects of the right to a fair trial raised in the instant Application relate to the
right to defence, the right to a reasoned Judgment and the right to be tried by an
impartial court.
Right to defence
50. The Applicant alleges that, for having concluded in RADA0015/13/CS that he was
a contracted staff and ignored his findings as well as the contrary findings of the
Public Prosecutor’s Office, the Supreme
Court violated his right to defence.
He
further submits that the Supreme Court violated Article 18(3) of the Respondent
State’s Constitution for having claimed that it delayed the processing of the cases
under
its responsibility, since neither his employer nor the Supreme
communicated to him a report on his conduct and performance.
RK
13
Court had