000812
of Tanzania sitting at Mwanza. The Applicant alleges violation of his human
rights and fundamental freedoms arising from these proceedings.
4. The record
before this Court indicates that "...on 0310712004 on or about
8:15pm in Murugwanza village", the Applicant together with others stole "cash
Tshs. 35,000/=, a radio make Panasonic valued at Tshs. 20,000/=, the property
of one Jesca d/o Nyamwilahila." lt is alleged that the Applicant "used a fire arm
and
a
machete
in order to steal or overcome
resistance" from Jesca
Nyamwilahia.
5.
Three (3) of the Prosecution Witnesses, that is, PW1, PW2 and PW3 testified
in the District Court that they were in the house that was the subject of the
robbery mentioned above. Furthermore, they identified the Applicant and one
Baraka as being among the assailants on the day of the robbery.
B. Alleged violations
6. The Applicant alleges that he was deprived of a fair
hearing when the
Magistrate failed to summon his witnesses in spite of his request and that this
violates his rights under Article 6(a) of the Constitution of the United Republic
of Tanzania '1977 and Section 231 (4) of the Criminal Procedure Act (2002).
7.
He also alleges that he had no legal representation at both the initial trial and
appeal stages of his case, noting that this violates his fundamental rights under
Article 7(1)(c) of the Charter.
III.
SUMMARY OF THE PROCEDURE BEFORE THE COURT
8. The Application was filed at the Court on 22 April 2016 and transmitted to the
Respondent State on 7 June 2016. On 14 June 2016, a notification of the
Application was sent to the State Parties to the Protocol, the Executive Council
3
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