160. In the instant case, the Court notes that proceedings before it are free of
charge. Furthermore, none of the Parties provide evidence to support their
prayer as to costs. In the circumstances, this Court does not find any
justification to depart from the above provisions, and therefore rules that
each Party shall bear its own costs.
X. OPERATIVE PART
161. For these reasons:
THE COURT,
Unanimously
On jurisdiction
i.
Dismisses the objection to its material jurisdiction;
ii.
Declares that it has jurisdiction.
On admissibility
iii.
Declares that the Application is admissible.
On merits
iv.
Holds the Respondent State did not violate the Applicant’s right to
equality and equal protection of the law as guaranteed under
Article 3 of the Charter;
v.
Holds the Respondent State did not violate the Applicant’s right to
a fair trial regarding the failure of the court assessors to examine
the witnesses as guaranteed under Article 7(1) of the Charter;
vi.
Holds that the Respondent State violated the right to dignity and
not to be subjected to cruel, inhuman or degrading punishment
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