'000?99
investigate the details and particularities of evidence used in domestic
proceedings."l3
63. On the evidence used to convict the Applicant, the Court restates its position
in the matter of Mohamed Abubakariv. Tanzania, thal:
"As regards, in particular, the evidence relied on in convicting the Applicant,
the Court holds that, it was indeed not incumbent on it to decide on their
value for the purposes of reviewing the said conviction. lt is however of the
opinion that, nothing prevents it from examining such evidence as part of
the evidence laid before it so as to ascertain in general,
whether
consideration of the said evidence by the national Judge was in conformig
with the requirements of fair trial within the meaning of Article 7 of the
Charter in particulsl."ta
64. Further,
the Court has previously
stated 15
that when visual or
voice
identification is used as evidence to convict a person, all circumstances of
possible mistakes should be ruled out and the identity of the suspect should be
established with certitude. This demands that the identification should be
corroborated by other circumstantial evidence and must be part of a coherent
and consistent account of the scene of the crime.
65. ln the instant case, the record before this Court shows that the national courts
convicted the Applicant on the basis
of evidence of visual
identification
tendered by three (3) Prosecution Witnesses, who were at the scene of the
crime. These witnesses knew the Applicant before the commission of the crime,
since they were neighbours. The national courts assessed the circumstances
in which the crime was commifted, to eliminate possible mistaken identity and
13
Application No. 032/2015. Judgment ol 2110312018 (Merits), Kijiji lsiaga v united Repubtic of Tanzania
(hereinafter referred lo as"Kijiji lsiaga v Tanzania (Merits)"), g 65.
la Mohammed Abubakari v. Tanzania (Merits), op c,1.,
SS 26 and'173. See also Kijiji tsiaga v. Tanzania
(Merits), op. crl., $ 66
15
lbid.
16