000935 44.|n light of the foregoing, the Court finds that this Application meets all the admissibility conditions set out in Article 56 of the Charter and Rule 40 of the Rules and declares the Application admissible. VII. MERITS 45. The Applicant alleges his rights guaranteed under Articles 2, 3 and 7 of the Charter were violated. ln as much as the allegations of violations of Articles 2 and 3 stem from the allegation of the violation of Article 7, the Court will begin its assessment of the latter. A. Alleged Violation of Article 7 of the Charter 46.The Applicant alleges the violation of his right to a fair trial as the domestic courts failed to take into consideration the inconsistencies in the identification evidence relied upon to convict him, the failure to consider his alibi and the failure to be provided with free legal assistance. Allegation concerning the inconsistencies in the evidence 47.Ihe Applicant avers that the testimony proffered by the four prosecution witnesses did not properly identiflT him as the perpetrator of the offence of rape. He also avers lhat there were clear inconsistencies in the testimonies of the prosecution witnesses as to the identity of the perpetrator of the offence of rape. 48. He also asserts that because the offence took place at night, it was not possible for the witnesses to properly identify the perpetrator and he avers that the trial court should not have relied on the testimony of the prosecution witnesses to convict him. 13 €_-