000196.
Appeal No. 12412009 before the court of Appeal of ranzania at Mwanza
(hereinafter referred to as'the Court of Appeal,,).
5'
The High Court and the Court of Appea! upheld the sentence on 2g March }OOT
and 16 February 2012, respectively; and the Applicant filed an Application for
review before the Court of Appeal on 19 August 2014. The Applicant alleges
that this Application is still pending at the time of filing of the Application.
B.
Alleged Violations
6.
The Applicant alleges that:
The court of Appeal of ranzania "...handed down erroneously its judgment
against the Applicant on 1610212012: and then caused him severe harm
when it did not schedule for a hearing his review request, whereas other
applications lodged after his had been registered and scheduled for
hearing."
il
The Court of Appeal "... had not considered all the grounds of his defence,
and clustered them into three grounds. This legal proceeding was
detrimental to the Applicant insofar as it violated his fundamental right to
have his cause heard by a court of law as provided for in Article 3(2) of the
Charter."
ilt
As the Respondent State did not afford him legal representation during his
trial, he "...was deprived of his right to have his cause heard, which had a
prejudicial effect on him. He alleges that this procedure constitutes a
violation of the Applicant's fundamental rights as set out in Article 7(1)(c)
and (d), of the charter, and of sections 1 and 107(2)(b) of the Tanzanian
constitution
of
1997" (hereinafter referred
to as
,,the Tanzanian
Constitution").
7
ln summary, the Applicant alleges the violation of Articles 3(2) and 7(1
(d) of the Charter
$
nd
9
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