000299 1. The right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; 2. The right to be presumed innocent until proved guilty by a competent court or tribunal; 3. 4. The right to defence, including the right to be defended by counsel of his choice, The right to be tried within a reasonable time by an impartial court or tribunal." 51.The Court observes that the right to a fair trial and specifically, the right to presumption of innocence requires that a person's conviction on a criminal offence which results in a severe penalty and in particular to a heavy prison sentence, should be based on solid and credible evidence.6 52.The Court also recalls its jurisprudence in lhe Matter of Kijiji lsiaga v United Republic of Tanzania, where it held that: 'Domestic courts generally enjoy a wide margin of appreciation in evaluating the probative value of a particular evidence. As an international human rights court, the Court does not and should not replace itself for domestic courts and investigate the details and particularities of evidence used in domestic proceedings."T 53. However, the Court reiterates its position in paragraph 27 above that, the fact that the Court is not concerned with detailed assessment of evidentiary issues does not prevent it from examining whether the manner in which domestic courts assessed evidence is compatible with international human rights standards. Consequently, the Court retains, for instance, the power to examine "whether the evaluation of facts or evidence by the domestic courts of the Respondent [State] was manifestly arbitrary or resulted in a miscarriage of justice to the Applicant".8 5 Mohamed Abubakari v Tanzania (Merits), S 174. '/Application No. 023/201S.Judgment oI 2310312018 (Merits), Kijiji lsiaga v United Republic of Tanzania, (hereinafter refened to as Kijiji lsiaga v Tanzania (Merits)), S 61. 8 lbid, S 62; See also Mohamed Abubakari v. Tanzania (Merits), $$ 26, and 173; Kennedy Owino Onyachi and Another v Tanzania (Merits), $ 38 t4 '''k-'*'-q-''--- @- @-