CONTENTS
CONTENTS
i
I.
THE PARTIES
2
".
SUB"IECT OF THE APPLICATION
2
A.
Facts of the matter
2
B.
Alleged violations
4
III.
SUMMARY OF THE PROCEDURE BEFORE THE COURT
5
IV.
PRAYERS OF THE PARTIES
7
V.
JURISDICTION
9
A.
Objection to the jurisdiction of the Court raised by the Respondent State
10
i.
Objection to material jurisdiction
10
ii.
Objection to personal jurisdiction
13
Other aspects of jurisdiction
15
B.
ADMiSSiBILITy
VI.
15
Conditions of admissibility in contention between the parties
17
i.
Objection based on the use of disparaging language in the Application
17
ii.
Objection based on non-exhaustion of local remedies
19
Admissibility conditions not in contention between the parties
27
A.
B.
THE MERITS
VII.
28
Alleged violation of the right to a fair trial
28
i.
Alleged violation of the right to be tried by a competent court
29
ii.
Alleged violation of the right to defence
A.
:
32
iii. Alleged violation of the principle of "non bis in idem"
39
iv. Alleged violation of the right to presumption of innocence
41
v.
44
Alleged violation of the right to be tried within a reasonable time
vi. Alleged violation of the right to two-tier jurisdiction
46
B.
Alleged violation of the right to equal protection of the law, equality before the law
and the right to non-discrimination
48
C.
Alleged violation of the Applicant's right to liberty and to security of his person
51
D.
Alleged violation of the right to respect for dignity and reputation
53
Allegation that the conditions of the Applicant's arrest undermined his dignity
55
i.
ii. The allegation that the remarks made by the Head of State tainted the Applicant's
reputation and dignity
56
iii. ~lleg~tl~n .that the aCqUi~~ljUdg~e~t ~Oil~dthe~PPII~a".t'sreputatiO".. ~n~ .honou~7
E.
I
Alleged violation of the right to property
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57
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