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On 25 September 2005, the Applicant filed Criminal Appleal No.228t200S before
the Court of Appeal of Tanzania sitting in Arusha. By a Judgment of 2g October
2007 the Court of Appeal dismissed this appeal and upheld the sentence of thirty
(30) years imprisonment.
B.
6
Alleged violations
The Applicant made several complaints in relation to the manner of his detention,
trial and sentencing by the Respondent State's judicial authorities. He specifically
complains about the following:
"i.
Having been accused on the basis of the biased acts of a Police Officer
who, acting for and on behalf of the Criminal lnvestigation Department
(ClD), obtained and registered the Applicant's statement in a manner
contrary to the established procedure;
ii.
Having been detained in contravention of the provisions of Sections 50
and 51 of the Criminal Procedure Act;
iii.
Having been sentenced on the basis of an error in law and in fact for
having taken into account the so-called testimony of a prosecution
witness;
iv.
The excessive nature of the 30 years prison sentence pronounced by the
Court of First lnstance contrary to the maximum sentence of 15 years set
forth in Sections 285 and 286 of the Penal Code;
v.
Having been sentenced in violation of Section 13 (b) (c) of the 1977
Constitution of the United Republic of Tanzania and contrary to the
African Charter on Human and Peoples' Rights;
vi.
That the Appellate Courts failed to take note that the 30 years prison
sentence was excessive and was not applicable at the time the facts
occurred;
vii.
viii.
7.
Having not received the assistance of a lawyer as well as legal aid;
Having thus been discriminated against."
That in light of the foregoing, the Applicant submits that the
nt State
has violated A rticle 13 (b) (c) of the Constitutio n of the United Republic of
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e-g