000808
ii.
Objection on the ground that the Court is being requested to sit as
an appellate Court
23.The Respondent State alleges that this Court is being requested to consider
matters already settled in the national courts and therefore exercise an
appellate jurisdiction. lt especially contends that the Court of Appeal already
settled the examination of the visual and voice identification evidence and the
evidence regarding the source and intensity of the light relied upon to convict
the Applicant.
24.According to the Respondent State, this Court lacks jurisdiction to hear the
Application and it should thus be dismissed.
25. The Applicant's reply is that the Court's jurisdiction is invoked "in so far as the
applicant's complaints hinges on the adherence to the principles of human and
peoples' rights and freedoms contained in the declaration".
26.This Court reiterates its position in the matter of Emest Francis Mtingwi
v.
Republic of Malawi, in which it noted that it is not an appellate body with respect
to decisions of national courts.z However, the Court emphasised in the matter
of Alex Thomas v. United Republic of Tanzania, that "...this does not preclude
it from examining relevant proceedings in the national courts in order
to
determine whether they are in accordance with the standards set out in the
Charter
or any other
human rights instruments ratified by the State
concerned. "3
2
Application No. 001/2013. Decision ot 1510312013 (Jurisdiction), Emest Francis Mtingwi v Republic of
Malawi,514.
s
Alex Thomas v Tanzania (Merits), $ 130. See also Application No. 010/2015, Judgment of 28109n017
(Merits), Christopher Jonas v. United Republic of Tanzania (hereinafter refened to as'Chistopher Jonas
v Tanzania (Merits)"), S 28; Application No. 003/2014, Judgment oI 2411112017 (Merits), lngabire Victoire
Umuhoza v. Republic of Rwanda (hereinafter referred lo as (hereinafter referred to as "lngabire Umuhoza
v Rwanda (Merits)"), $ 52; Application No. 00712013, Judgment of 03/06/2013 (Merits), Mohamed
7
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