Uganda Case Law

Chanthunya v Republic of Malawi (Application No. 001-2022)

Chanthunya v Republic of Malawi (Application No. 001-2022) [2024] AfCHPR 20 (13 November 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 001-2022

Judge

Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Eno R, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court found that the applicant's rights under Article 7(1) of the African Charter and related instruments were not violated. The applicant was afforded the right to appeal, and his appeal on preliminary issues was heard and determined by the Malawi Supreme Court of Appeal. The conviction was based on multiple forms of evidence, including witness testimony and documentary exhibits, and there was no manifest arbitrariness or miscarriage of justice in the domestic proceedings. The applicant was represented by counsel, cross-examined prosecution witnesses, and was given the opportunity to pre…

Source excerpt

• Fair Trial Rights
• Presumption Of Innocence
• Right To Appeal
• Notification Of Charges
• Reasoned Decision
• Admissibility Of Evidence