II.
0003{0
SUBJECT OF THE APPLICATION
A. Facts of the Matter
3. The Application relates to alleged human rights violations stemming from
convictions and sentences of thirty (30) years' imprisonment and twelve (12)
strokes of the cane each imposed on the Applicants for the crime of armed robbery.
The Applicants are currently serving their sentence in Butimba Central Prison,
Mwanza, Tanzania.
4.
o
lt emerges from the file that on 25 February 2001 al midnight, a gang of burglars
broke into the house of Mr. Maiko Matiko Nyisurya and stormed into his room
where he was sleeping with his wife, Mrs. Sara Maiko, and their children. lt is
alleged that the burglars were armed with 'pangas' (machetes) and a gun and
when Mr. Maiko confronted them, having lit a torchlight, they inflicted eleven panga
cuts on his body causing him serious bodily harm. The burglars also stole two (2)
suitcases of clothes and cash of Seventy Thousand Tanzania Shillings (75,000
rzs).
5. On the basis of a testimony proffered by six (6) Prosecution
Witnesses (PW),
including Mr. Maiko (PW1) and his wife (PWs), the Applicants were, on 30
November 2OO1, in Criminal Case No. 169/2001 convicted of armed robbery
I
contrary to Sections 285 and 286 of the Penal Code of Tanzania by the District
Court of Tarime and sentenced to thirty (30) years' imprisonment and twelve (12)
strokes of the cane.
6. The High Court in Criminal
Appeal No. 02i2002 and the Court of Appeal in Criminal
Appeal No. 67/2003 subsequently upheld the decision of the District Court on 9
October 2002 and 1 March 2006, respectively.
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