United Nations, the Constitutive Act of the African Union, the provisions of
the Charter, in compliance with Rule 50(2)(g).
76. The Court, therefore, finds that all the admissibility conditions have been
met and that this Application is admissible.
VII. MERITS
77. The Court notes that the Applicant alleges that the manner in which the
Respondent State’s domestic courts determined his case was in error of
both the law and facts and as a result, his rights as guaranteed in Articles
2, 3, 5 and 7(1) of the Charter were violated.
78. The Court considers, however, that although the Applicant alleges violations
of various rights under the Charter, at the core of his Application is the
alleged violation of the right to have his cause heard, protected under Article
7(1) of the Charter. The Court will, therefore, first, consider (A) the alleged
violation of Article 7(1) of the Charter, before addressing the other human
rights that were allegedly violated, namely (B) the right to nondiscrimination, protected under Article 2 of the Charter, and (C) the right not
to be subjected to inhumane and degrading punishment, guaranteed in
Article 5 of the Charter.
79. The Court further notes that the Applicant alleges the violation of Article
13(6)(a), Article 13(6)(e), Article 15(1)(2)(a)(b) and Article 107(A)(2)(b) of
the Constitution of the Respondent State. Nonetheless, the Court has
previously held that in determining whether the State has complied with the
Charter or any other human rights instrument it has ratified, it does not apply
the domestic law in making this assessment.24 The Court will, therefore, not
24
Abubakari v. Tanzania (merits), supra, § 28; Onyachi and Another v. Tanzania (merits), supra, § 39.
19