ii. T h e y w e r e n o t r e p r e s e n t e d b y a C o u n s e l , w e r e
denied medical treatment and overstayed in Police
custody;
iii. They were denied a chance to be heard when the presiding Magistrate was
changed;
iv. N o a c t u a l w e a p o n w a s d i s c o v e r e d o r t e n d e r e d i n
Court to support the charge of armed robbery and
the owner of the Bureau de Change mentioned on
the Charge Sheet was never called before the
Court to testify
v. T h e t r i a l p r o c e e d e d d e s p i t e t h e m b e i n g d e n i e d s o m e
witness statements and some being provided to them after
undue delays;
vi. T h e j u d g m e n t s o f t h e T r i a l C o u r t , f i r s t a n d s e c o n d
Appellate Courts were defective due to the contradiction
between the evidence of Prosecution W itness 2 and
Prosecution W itness 3;
vii. The Trial Court tried the case to its finality without considering or according
weight to the written submissions;
viii. T h e
High
Court
concluded
the appeal by
relying on misapprehension or misdirected
evidence;
ix. The Court of Appeal relied on misconceived findings to convict
them;
x. T h e i r C o n s t i t u t i o n a l P e t i t i o n w a s i r r e g u l a r l y r e j e c t e d
and returned to them unprocedurally, with no official
letter;
xi. Their Application for Review at the Court of Appeal was dismissed on
grounds that it should have been raised in an Appeal;
xii. T h e s e n t e n c e m e t e d a g a i n s t t h e m f o l l o w i n g t h e i r
conviction is contrary to Sections 285 and 286 of
the Penal Code of Tanzania as this sentence did
not exist at the time the offence was committed and
i t w a s h a r s h ; and
xiii. They have suffered irreparable damage and inhuman treatment due to the
violation of their human rights.
7. The Applicants allege violations of their human rights under :
i.
Articles 1, 2, 3, 5, 6, 7, 8 and 10 of the Universal Declaration of Human
Rights;