a trial within a trial, the extra-judicial statement of Evaristo Lazaro was
declared admissible and tendered as evidence.
6.
The main trial was concluded on 6 August 2010. The Applicant was found
guilty of murder and sentenced to death by hanging but his co-accused,
Evaristo Lazaro, was acquitted. On 12 August 2010, the Applicant filed an
appeal to the Court of Appeal, which was heard on 25 November 2011, and
dismissed on 28 November 2011 for lack of merit.
B. Alleged violations
7.
The Applicant alleges that the Respondent State violated his rights
protected by the Charter, notably:
a.
Article 3 on the right to equal protection of the law as a result of its failure
to provide:
i.
an interpreter during the trials, which amounts to discrimination on
the basis of language; and
ii.
b.
effective legal representation on the basis of “property status”
Article 4 on the right to life as a result of its:
i.
imposition of a mandatory death penalty without considering the
circumstances of the offender;
ii.
imposition of the death penalty outside the category of cases to
which it can be applied; and
iii. imposition of the death penalty without a fair trial
c.
Article 5 on the right to be treated with dignity as a result of:
i.
d.
Article 6 on the right to liberty as a result of:
i.
e.
the imposition of the death penalty by hanging.
arbitrarily detaining the Applicant
Article 7 on the right to fair trial as a result of its failure to:
i.
provide effective legal representation;
ii.
provide legal representation at all stages of the domestic
proceedings;
iii. provide an interpreter;
4