offence he was convicted of …”. He surmises that his conviction was
therefore due to failure by the domestic courts to adequately consider
exculpatory evidence.
*
66. The Respondent State disputes the allegations and puts the Applicant to
strict proof. Specifically, the Respondent State submits that the Applicant
was convicted on the basis of identification evidence which the trial court
found to be satisfactory. It also points out that the evidence was considered
by both the High Court and the Court of Appeal, both of which found that
the trial court was judicious in its reasoning. The Respondent State
therefore submits that the Applicant’s allegation lacks merit and should be
dismissed.
***
67. Article 7(1) of the Charter provides that “[e]very individual shall have the
right to have his cause heard …”.
68. The Court recalls that in the case of Kijiji Isiaga v. United Republic of
Tanzania, it held that:
… domestic courts enjoy a wide margin of appreciation in evaluating
the probative value of a particular evidence, and as an international
court, this court cannot take up this role from the domestic courts and
investigate the details and particularities of evidence used in domestic
proceedings.17
69. The above notwithstanding, the Court can nevertheless evaluate whether
the manner in which domestic proceedings were conducted, including the
conduct of proceedings as well as the assessment of the evidence, was
done in consonance with international human rights standards.18
17
18
Kijiji Isiaga v. United Republic of Tanzania (merits) (21 March 2018) 2 AfCLR 218, § 65.
Ibid, § 66.
17
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات