5.The ICCPR, which the Applicant alleges to have been violated, specifically provides, in Article 14(1) thereof, that “any judgement rendered in a criminal case or in a suit of law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children”*. 6. Also, in General Comment No. 13, the Human Rights Committee? stated that: “the provisions of article 14 apply to all courts and tribunals within the scope of that article whether ordinary or specialized”. | wish to add that the European Court of Human Rights (ECtHR) has observed that the purpose of publicity of judgment is “to ensure scrutiny of the judiciary by the public with a view to safeguarding the right to a fair trial’S. 7. in the instant case, the Respondent’s own national unambiguously clear as to the mode of delivery of judgment. 311(1) of the Tanzanian Criminal Procedure Act states: laws are Section 311.-(1) The Decision of every trial of any criminal case or matter shall be delivered in an open court immediately or as soon as possible after termination of trial, but in any case not exceeding ninety days, of which notice shall be given to the parties or their advocates, if any, but where the decision is in writing at the time of pronouncement, the Judge or Magistrate may, unless objection to that that course is taken by either the prosecution or the defence, explain the substance of the decision in an open court in fieu of reading such decision in full. 8. The magistrate at the national level did not give any reason for delivering the judgment in Chambers. The Applicant alluded to this, as elaborated in paragraphs 215 and 216 of this Court’s judgment. The Respondent answered this by stating that due to limitation of space, the chambers of Judges are used as courtooms, whereby the public can be present during oral pleadings and delivery of judgments. This is of no moment as the the trial itself was held in open court. 1 See also Article 6(1) of The Convention for the Protection of Human Rights and Fundamental Freedoms better known as the European Convention which stipulates that judgement “shall be pronounced publicly”; Article 8(5) of the American Convention on Human Rights refers only to the publicity of the proceedings as such; Articles 22(2) and 23(2) of the Statutes of the International Criminal Tribunals for Rwanda and the former Yugoslavia, respectively, provide for the delivery “in public” of the judgment of the Trial Chamber. Finally, according to Article 74(5) of the Statute of the International Criminal Court, the “decisions or a summary thereof shall be delivered in open court’ 2 United Nations Compilation of Generali Comments, page 123, para 4 3 Application 7984/77 Pretto and Others v Italy Judgment of 8 December 1983 para 27 Application 8273/78 Axen v Federal Republic of Germany Judgment of 8 December 1983 para 32 OL 2