IN THE MATTER OF MOHAMED ABUBAKARI V. UNITED REPUBLIC OF TANZANIA APPLICATION 007/2013 PARTLY DISSENTING OPINION JUSTICE ELSIE N. THOMPSON, VICE PRESIDENT 1.1 agree substantially with the merits of the judgment of the Court except for the order of the Court at paragraphs 236, 242 (xii) and 242 (ix) which | would approach in a different manner to make a specific order. 2. The Applicant alleges violation of several articles of the African Charter on Human and Peoples’ Rights which have been set out in the judgment and he seeks amongst other reliefs, that he be released from prison. 3. The Court finds violation of Article 7 of the Charter and Article 14 of the International Covenant on Civil and Political Rights (ICCPR) based largely on lack of fair hearing, and then orders the state to: “to take all the necessary measures, within a reasonable time, to remedy the violations established, excluding the re- opening of the trial, and to notify the Court of the measures taken within six months from the date of this Judgment’. 4.On the issue regarding the Court’s finding that the Respondent did not violate Article 7 of the Charter when the conviction and sentencing of the Applicant was conducted in the magistrate’s Chambers, | also depart from the finding of the Court. The Charter may be silent on the issue of public delivery of judgment but the Court is empowered by Articles 60 and 61 of the Charter “to draw inspiration from international law on human and peoples’ rights and to take into consideration as subsidiary measures other general or special international conventions, customs generally accepted as law, general principles of law recognized by the African States as well as legal-precedents and doctrine”. yes \