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The applicant did not exhaust available and effective domestic remedies, specifically the cassation appeal, and neither lack of counsel nor ignorance of the remedy excuses this failure. The application is therefore inadmissible.
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The applicant did not exhaust available and effective domestic remedies, specifically the cassation appeal, and neither lack of legal assistance nor ignorance of the remedy excuses this failure. Therefore, the application is inadmissible.
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The application was not filed within a reasonable time after the respondent's declaration allowing individual applications; the applicant failed to justify the delay. The application is therefore inadmissible.
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The Court is competent to award reparations for violations of fair trial rights established in its prior judgment. Applicant failed to prove material damages or loss of income, but is entitled to moral damages for himself, his spouse, and his son, based on evidence of relationship and harm. Indirect victims must prove filiation; only spouse and son met this threshold. Non-pecuniary reparations include publication of judgments and reporting obligations. Requests for non-repetition guarantees and release are denied as moot or unnecessary. Each party bears its own costs.
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The refusal by the Ngozi Court of Appeal to adjourn the hearing in the absence of the accused's counsel, especially in a capital case, and the Supreme Court's endorsement of this approach, violated the right to defence and fair trial under Article 7(1)(c) of the African Charter. The court's reliance on written submissions as a substitute for oral defence and its failure to ensure legal assistance at all stages did not meet international fair trial standards. Burundian law and practice, as applied, failed to comply with the country's treaty obligations.
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