***
64. The Court notes that the Applicant does not make specific submissions or
provide evidence to prove that the manner in which the proceedings before
the domestic courts were conducted with regard to the consideration of the
evidence in his defence led to any serious miscarriage of justice, or led to
a violation of the Applicant’s right to be heard. The Court further notes that
the Court of Appeal addressed his defence of alibi. 24 The Court also takes
into consideration that nowhere in the record, including in the Applicant’s
own grounds of appeal before the domestic courts, is any reference made
to the allegation that at the time of his arrest he was treated inhumanely
and tortured.
65. In view of this, the Court finds that the Respondent State did not violate the
Applicant’s right to be heard, protected under Article 7(1) of the Charter.
B. Alleged violation of the right to equal protection of the law
66. The Applicant also alleges that the Respondent State violated his rights as
guaranteed in Article 3(2) of the Charter.
*
67. The Respondent State contends that it did not violate the provisions of
Article 3(2) of the Charter. The Respondent State asserts that it had proved
its case to the satisfaction of the Court of Appeal and adduced all the
evidence necessary to convict the Applicant.
***
24
Edison Simon Mwombeki v. Republic, Court of Appeal of Tanzania, at Mwanza, Criminal Appeal No.
94 of 2016, Judgment of 18 October 2016, page 23 – 24.
17