II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the record that on 8 August 2008, the Applicant murdered
one Sail Nyerere Mwambinga in Swaya Village within Rungwe District in
Mbeya Region.
4.
On the same day, the Applicant was arrested and subsequently charged
with murder before the High Court sitting at Mbeya. On the 1 October 2013,
the High Court found the Applicant guilty of murder and sentenced him to
suffer death by hanging.
5.
The Applicant filed an Appeal to the Court of Appeal sitting at Mbeya which
dismissed his Appeal on 3 September 2015.
B. Alleged violations
6.
The Applicant contends that the domestic courts convicted him based on
unlawfully obtained confession and exhibits. He also asserts that he was
kept in police custody for seven days without being brought before the Court
within 24 hours, as required by the law. The Applicant further claims that he
was tortured while he was in police custody.
7.
Accordingly, the Applicant submits that the Respondent State has violated
his right to human dignity by subjecting him to torture and his right to a fair
trial guaranteed in Articles 1, 3 and 5 of the Charter.
III.
SUMMARY OF THE PROCEDURE BEFORE THE COURT
8.
The Application was received at the Registry on 23 August 2018. On 2
October 2018, the Registry requested the Applicant to file a signed copy of
the Application and submit copies of the domestic court’s judgments.
3