A. Alleged violation of the right to a fair trial
71. The Applicant raises multiple contentions regarding infringements upon his
right to a fair trial. Specifically, he asserts that the Respondent State found
him guilty based on questionable evidence and a coerced confession made
without legal counsel; he endured an excessively prolonged trial period; he
was denied adequate legal representation; and his trial lacked impartiality,
whether in actuality or in the perception thereof. The Court will now proceed
to address these allegations separately.
i.
Conviction on the basis of inadmissible and inconsistent evidence
72. The Applicant alleges that he was convicted on the basis of inconsistent and
non-credible evidence.
73. The Applicant submits that he was convicted on the basis of involuntary
confession that he made without a lawyer. The Applicant states that when
he made the confession, he was interrogated without a lawyer by the police.
Furthermore, whilst he was being interrogated, he was in extreme physical
and mental anguish from torture by the police and the death of his wife and
son. He avers that the magistrate who took his confession, undertook a brief
and superficial inquiry about his wellbeing. However, the inquiry was not
sufficient to determine whether his physical pain and psychological distress
impaired his ability to waive his right to remain silent. He emphasises that
he was in precarious mental state and that days after committing the
offence, he attempted to commit suicide in prison.
74. The Applicant further states that he was not provided with any prompt and
comprehensive care after attempting to kill himself. He avers that his
untreated physical injuries and mental distress created conditions for his
exploitation and manipulation by his arresting officers and by the Magistrate
who recorded his confession/statement.
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