13. On 24 January 2024, the Court issued a Ruling in which it dismissed the
request for provisional measures. The Parties were notified of the Ruling on
30 January 2024.
IV.
PRAYERS OF THE PARTIES
14. The Applicant prays the Court to:
i.
Declare or find that his right to fair trial guaranteed under relevant human
rights instruments has been violated, and that such violation occasioned
miscarriage of justice;
ii.
Order restitution by way of restoration of his liberty and/or release from
prison;
iii. Order compensation to be assessed by the Court.
15. The Respondent State did not file any Response and, therefore, did not
make any prayers.
V.
ON THE DEFAULT OF THE RESPONDENT STATE
16. Rule 63(1) of the Rules provides:
Whenever a party does not appear before the Court or fails to defend
its case within the period prescribed, the Court may, on the application
of the other party, or on its own motion, enter decision in default after
it has satisfied itself that the defaulting party has been duly served with
the Application and all other documents pertinent to the proceedings.
17. The Court notes that the afore-mentioned Rule sets out three conditions on
which the Court may pass judgment in default, namely: i) the failure of one
of the Parties to appear before the Court or to defend its case within the
prescribed time; ii) the notification to the defaulting Party of the application
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