60. In view of the above, the Court concludes that the Application meets all the
admissibility conditions under Article 56 of the Charter, restated in Rule
50(2) of the Rules, and therefore, declares it admissible.
VII. MERITS
61. The Applicant alleges the violation of the right to a fair trial, the right to life
and the right to dignity protected under Articles 7, 4 and 5, respectively, of
the Charter and his right to consular assistance under Article 36 of the
VCCR. The Court will examine these allegations in turn.
A. Alleged violation of the right to a fair trial
62. The Applicant alleges a violation of his right to a fair trial protected under
Article 7 of the Charter through the violation of the right to be tried within a
reasonable time, the right to defence and the right to be presumed innocent
until proved guilty by a competent court or tribunal.
i.
Alleged violation of the right to be tried within a reasonable time
63. The Applicant alleges that being held in pre-trial detention for eight (8)
years, that is from his arrest on 21 July 2004 to the commencement of his
trial on 19 June 2012, is an unreasonably long period which is a violation of
his right to a fair trial. The Applicant submits that such time was
unreasonable because his case was not complex, and the delay was
attributable to the Respondent State. In substantiating his allegations, the
Applicant submits that the Respondent State’s undue delay in bringing him
before the domestic courts was prejudicial to him as it undermined his ability
to challenge stale and contradictory witness testimony and impaired his
ability to defend himself against the charges.
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