72, Accordingly,
the Court dismisses the Respondent State’s objection to the
admissibility of the Application on the ground that it failed to comply with the
requirement of filing an Application within a reasonable time after exhaustion
of domestic remedies.
B. Other conditions of admissibility
73. The Court notes that the parties do not dispute the fact that the Application
fulfils the conditions set out in Article 56(1), (2), (3), (4) and (7) of the Charter
regarding the identity of the Applicant, compatibility of the Application with the
Constitutive Act of the African
Union, the terms used in the Application, the
nature of the evidence filed and the prior settlement of the case, respectively,
and that nothing on
record indicates that these requirements have not been
complied with.
74.In view of the foregoing, the Court finds that the Application meets all the
conditions of admissibility under Article 56 of the Charter and as set out in Rule
AO of the Rules, and therefore declares the same admissible.
Vil.
MERITS
75.The
Applicant
guaranteed
alleges that the Respondent
under
Articles 3, 5, 7(1)(c)
Considering that the allegations
State
and
concerning
has
(d) and
violated
his rights
(2) of the Charter.
Articles 3 and 5 of the Charter
essentially arise from and are related to the Applicant's allegation of violation
of his right to a fair trial, the Court will first consider the allegations regarding
Article 7 of the Charter.
76. Article 7 of the Charter provides that:
1.
Every individual shall have the right to have his cause heard. This comprises:
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