179. The Commission notes that this case involves allegations of multiple violations of Article
7 regarding the first Victim's right to a fair triaL The Complainant argues that procedural
and substantive irregularities and judicial biases marred the initial criminal proceedings
against the first Victim. For instance, the court made an incorrect judgment about the first
Victim's religious belief, assuming she was Muslim based on her father's religion,
disregarding her upbringing and lifelong Christian faith. Further, an erroneous
conclusion led to the nullification of the marriage between the first and second Victims,
exceeding the court's authority. It also stated that the ,<;9urtencroached on the jurisdiction
of the Personal Status Court by convicting the first;¥i~timiof adultery while acquitting
the second Victim of the same charge, demonstrating discriIl\ination. Additionally, the
court indicted the first Victim for the offence of apostasy, imposing the death penalty
without any basis and dismissing arguments made by the defence regarding the
incompatibility of apostasy with freedom of religious belief, thus undermining the
equality of arms.
180. Based on the submissions and allegationspresented.tit is evident that the conduct of the
Respondent State's courts did not meet the standarcl,~)'requiredfor the right to a fair trial
under Article 7 of the African Char'tel',,;The couitsl'judgments were based on incorrect
assumptions about the' fjrst Victim's ir~J~giousbel~~~(od'
exceeding their jurisdiction, and
discriminating between tfie first and secbtj(t:Yfctims'~'1ibeimpositionof the death penalty
without a basis an~,fthethreat of i1,l1me(li~t~;lexecutioncf~r
not recanting religious beliefs
also violated the first Victim's right to 'a fair trials
.
181. The Commission concludes that there has been a violation of Article 7 of the African
Charter in relation to the pre-trial detention and denial of access to lawyers, as well as the
wrongful assumption of jurisdiction by the court. These actions disregard the fair trial
principles outlined in Article 7, as well as the rights guaranteed under the Commission's
Principles, and·Q1lidelines
on Fair Trial and Legal Assistance in Africa
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On alleged Violat-~~;~s 0
'~'
.
icl~~§:the Freedom of Religion
182. Article 8 of ;'\
rter prbvl(iles: "Freedom of conscience, the profession and free practice of
religion shall
aranteed. No one may, subject to law and order, be submitted to measures
restricting the e erCiseof these freedoms."
183. The provision of Article 8 affords individuals two operative guarantees: (1) the freedom
to profess religion and (2) the freedom to practice religion. On the one hand, freedom to
profess a religion entails the freedom to adopt, have, maintain, or hold a religion and the
freedom to join or otherwise recant or reject a religion one holds at any time.
184. It is recognized that these core aspects of freedom of religion are exercised in the
innermost circle of the human being, known as the forum internum, which includes t~e"
conscience. Freedom to practice religion, on the other hand, inc;lud~s: oQtWard;l.""
perceptible manifestations or observance of religious faith or b~~ief,.alone ?t\.in \
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