000 225 B. Conditions of admissibility not in contention between the Parties 52.The Court notes that the conditions regarding the identity of the Applicant, compatibility of the Application with the Constitutive Act of the African Union, the language used in the Application, the nature of the evidence and the principle that the Application should not concern a matter or issues previously 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 (sub-rules 1,2,3,4 and 7 of Rule 40 of the Rules), are not in contention between the Parties. 53. The Court further notes that nothing on the record submitted by the Parties shows that any of these conditions has not been met in the instant case. Consequently, the Court finds that the conditions set out above have been fulfilled. 54.|n view of the foregoing, the Court holds in conclusion that this Application meets all the admissibility conditions contemplated in Articles 56 of the Charter and Rule 40 of the Rules, and consequently declares the Application admissible. VII. MERITS 55.The Applicant alleges that the Respondent State violated his right to liberty and to a fair trial. He contests the legality of the sentence meted to him and with regard to all the violations, invokes the failure to abide by Articles 2,3(1) and (2), 6, 7(1Xa) and (c) and (2), 9(1) and (2) of the Charter. A. Alleged violation of the right to liberty 56.The Applicant submits that after his arrest and during his remand in custody, he requested bail pending his tria!, which was denied. He contends that denying him bail was a violation of his right to freedom guaranteed under Articles 13 and 15 of the Tanzanian Constitution and Article 6 of the Charter. L4 (

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