i.
The domestic courts did not consider the Applicants’ evidence, nor did
they give reasons for disregarding the evidence;
ii.
The domestic courts contravened section 240 of the Respondent State’s
Criminal Procedure Act (hereinafter referred to as “CPA”), because
the post mortem report of the deceased was improperly admitted as
evidence;
iii. The domestic courts erred when they convicted the Applicants based on
inconsistent and contradictory testimonies of witnesses whose credibility
was questionable.
iv. The prosecution failed to prove its case beyond reasonable doubt.
v.
The mandatory death penalty, as prescribed by the Respondent State’s
Penal Code, offends their right to dignity as enshrined in Article 5 of the
Charter.
vi. The mandatory death penalty imposed on them violates their right to life,
enshrined in the Universal Declaration of Human Rights and Articles
13(6)(d) and 14 of the Respondent State’s Constitution.
III.
SUMMARY OF THE PROCEDURE BEFORE THE COURT
7.
The Application was received at the Registry on 1 September 2016 and
served on the Respondent State on 15 November 2016.
8.
On 18 November 2016, the Court issued an order for provisional measures
directing the Respondent State to refrain from executing the death penalty
imposed on the Applicants until the conclusion of these proceedings.
9.
The Respondent State filed its Response on 24 May 2017 and this was
transmitted to the Applicants on the same day.
10. After several extensions of time, the Parties filed their other pleadings on
the merits and reparations within the time granted by the Court.
11. Pleadings were closed on 23 August 2017, and the Parties were duly
notified.
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