242.
For these reasons,
THE COURT,
Unanimously:
i)
Dismisses the objection to the Court's jurisdiction ratione materiae based on
the argument that, by examining the evidence of the Applicant’s guilt, it would
be constituting itself as an appellate Court;
ii)
Dismisses the objection to the Court’s jurisdiction ratione materiae based on
the argument that the Applicant did not invoke the relevant provisions of the
Protocol and the Rules of Court;
iii)
Declares
that it has jurisdiction to hear the
iv)
Dismisses
the objection
regarding
Application;
inadmissibility of the Application
on the
grounds that it is incompatible with the Constitutive Act of the African Union
and the Charter;
v)
Dismisses the objection regarding inadmissibility of the Application on grounds
of non-exhaustion of local remedies;
vi)
Dismisses the objection regarding inadmissibility of the Application on grounds
of failure to file the Application before
vii)
viii)
the Court within reasonable time;
Declares the Application admissible;
| Rules that the Respondent State has not violated Article 7 of the Charter and/or
Article 14 of the Covenant as regards the Applicant's allegations that: the police
post where he was held at the time of his arrest was not provided with basic
facilities; he was discriminated against in terms of free legal
charge
sheet was
marred
with irregularities; he was
crime weapons and the stolen items
being found;
term
for by the
of imprisonment
not provided
assistance; the
sentenced
without the
and he was sentenced to a
law at the time the offence
occurred;
ix)
Rules that the Respondent State has violated Article 7 of the Charter and Article
14 of the Covenant as regards the Applicant’s rights to defend himself and have
QV
the benefit of a Counsel at the time of his arrest; to obtain free legal assistance
during the judicial proceedings;
to be promptly given the documents
62
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Re
in the
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ee.
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