doosor
54.Accordingly, the Court dismisses the objection relating to the non-compliance
with the requirement of filing the Application within a reasonable time after
exhaustion of local remedies.
B. Conditions of admissibility not in contention between the Parties
55.The Court notes that there is no contention regarding the compliance with the
conditions set out in Rule 40, Sub-rulesl , 2, 3,
4
and 7 of the Rules on, the
identity of Applicant, the language used in the Application, compliance with the
Constitutive Act of the African Union, the nature of the evidence adduced and
the previous settlement of the case, respectively, and that nothing on the record
indicates that these requirements have not been complied with.
56.
The Court therefore finds that all the admissibility conditions have been met
and that this Application is admissible.
VII.
MERITS
57.The Applicant claims the violations of his right to fair trial and sets out the
following elements of this right:
a.
b.
c.
The evidence relied upon to convict him was defective;
The failure to summon the defence witnesses; and
The failure to provide the Applicant with free legal aid.
A. Allegation that the evidence relied upon to convict him was
defective
58. The
Applicant alleges that the national courts solely relied upon defective voice
and visual identification evidence to uphold his conviction. He avers that the
evidence was not properly evaluated and that the quality of the light used by
t4
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