Court because the Court of Appeal of Tanzania has determined them
with finality. Though this Court is not an appellate body with respect
to decisions of national courts 27 , this does not preclude it from
examining relevant proceedings in the national courts in order to
determine whether they are in accordance with the standards set out
in the Charter or any other human rights instrument ratified by the
State concerned. With regard to manifest errors in proceedings at
national courts, this Court will examine whether the national courts
applied
appropriate principles and
international standards in
resolving the errors. This is the approach that has been adopted by
similar international courts.28
131. The Court finds that the alleged manifest errors relating to the
value of the property, proof that the offence of armed robbery
I
occurred, the authenticity of the Police Form 3 issued to the alleged
victim of the armed robbery and the causal connection between the
Applicant and the allegedly recently stolen goods were not of such a
nature as to deny the Applicant his right to a fair trial. However, the
27
See Application 001/2013 Ernest Francis Mtingwi v Republic of Malawi.
28
See Application No. 76809101 Bavmann v Austria ECHR Judgment of 7 October 2004
paragraph
49; Communication
375/09 Priscilla
Njeri Echaria
(represented
b_r
Federation of Women Lawyers, Kenya and International Center for the Protection of
Human Rights) v Kenya ACHPR 5 November 2011 paragraph 36; Case of Santiago
Marzioni v Argentina 11.673, Report No. 39196, Inter-American Commission on Human
Rights, OEA/Ser. UV/11.95 Doc. 7 rev. at 76 (1997) paragraph 51. Also see Application
No. 30544/96 Garcia Ruiz v Spain, Judgment of 21 January 1999 (Grand Chamber)
paragraph 28, Application No. 47287/99 Perez v France Judgment of 12 February 2004
(Grand Chamber) paragraph 81, Application No 34553/97, Dufaurans v France
Judgment of 21 March 2000, paragraph 39.
53
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