that the Applicant made the allegations without substantiating his claims.
Consequently, the Court dismissed this allegation for being unsubstantiated with
respect to the alleged violations of Articles 2 and 3 of the Charter.
Considering the Applicant’s second allegation that the Respondent State violated
his right to appeal to competent national organs as guaranteed under Article
7(1)(a) of the Charter, the Court reiterated its jurisprudence that general
statements that a right has been violated are not sufficient, and more
substantiation is required. The Court having found that the Applicant failed to
demonstrate how this right was violated and further, noting that the Applicant had
exercised his right to appeal the decision of the trial court up to the Court of Appeal,
which is the highest Court in the Respondent State, found that the Respondent
State did not violate the Applicant’s right to appeal to competent national organs
guaranteed under Article 7(1)(a) of the Charter.
The Court then considered the Applicant’s third allegation that he was denied legal
representation during his interrogation at the police station and throughout his trial
contrary to Article 7(1)(c) of the Charter. The Court considered that Article 7(1)(c)
of the Charter does not provide explicitly for the right to free legal assistance but
that Article 14(3)(d) of the International Covenant on Civil and Political Rights
(ICCPR) to which the Respondent State is a State Party, does so explicitly.
The Court observed, from the record of proceedings, and from the decisions of the
domestic courts that the Applicant was not provided with legal representation, yet,
he was charged with a serious offence of rape of a minor (12 years old), which
carries a sentence of 30 years imprisonment upon conviction. Recalling its
jurisprudence, the Court found that in such circumstances and in the interest of
justice, free legal assistance should have been provided by the Respondent State
whether the Applicant requests for it, and this should not have been contingent on
the availability of financial resources. Consequently, the Court held that the
Respondent State had violated the Applicant’s right to legal representation as
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