79. The Court notes that in the instant case, there is no reason to depart from
this principle. Accordingly, the Court decides that each party shall bear its
own costs.
X.
OPERATIVE PART
80. For these reasons:
THE COURT,
Unanimously,
On jurisdiction
i.
Dismisses the objection to its jurisdiction;
ii.
Declares that it has jurisdiction.
On admissibility
iii.
Dismisses the objection to the admissibility of the Application;
iv.
Declares the Application admissible.
On merits
v.
Holds that the Respondent State did not violate the Applicant’s
right to be heard under Article 7(1) of the Charter regarding the
allegations that the evidence upon which the conviction was
based was not properly examined and evaluated;
vi.
Holds that the Respondent State did not violate the Applicant’s
right to equal protection of the law, under Article 3(2) of the
Charter in respect of the unsubstantiated allegation by the
Applicant to that effect;
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