Arusha, Tanzania
Website: www.african-court.org
Telephone: +255-272-510-510
JUDGMENT SUMMARY
August 2019 and the Applicant filed his Application before this Court on 17 December 2019,
so that a period of three months and 17 days thus lapsed. The Court found that the period of
3 months and 17 days is manifestly reasonable within the meaning of Rule 50(2)(f).
Lastly, the Court found that the case had not been previously settled before another
international tribunal and was thus in compliance with Rule 50(2)(g) of the Rules. Therefore,
the Court concluded that the Application was admissible.
The Court then considered whether the Respondent State violated the Applicant’s rights to
equality before the law, to equal protection of the law, to dignity and to a fair trial, protected
under Articles 3(1), (2), 5 and 7 of the Charter, respectively. The Court observed, however,
that the main contention in the Application centred on Article 7(1) of the Charter, the
Applicant’s right to have his cause heard, hence, this alleged violation was addressed first.
The Applicant raised different grievances against the domestic courts whose actions or
omissions he alleged violated his rights. These grievances concerned (i) the evidence upon
which the conviction was based, (ii) the competence of the interpreter, and (iii) the denial of
bail.
On the allegation relating to the evidence upon which the conviction was based, the Court
recalled its earlier decisions, where it noted that domestic courts enjoy a wide margin of
appreciation in evaluating the probative value of particular evidence. As an international
human rights court, the Court cannot take up this role from the domestic courts and investigate
the details and particularities of evidence used in domestic proceedings. However, the Court
can, in evaluating the manner in which domestic proceedings were conducted, intervene to
assess whether domestic proceedings, including the assessment of the evidence, was done
in consonance with international human rights standards. In the instant case, after close
examination of the record, the Court noted that that the High Court and the Court of Appeal
took time to consider, assess and confirm the credibility of the evidence as well as the alleged
procedural irregularities, and found that the charges against the Applicant were proven beyond
reasonable doubt. The Court, therefore, considered that the manner in which the proceedings
before the domestic courts were conducted, including the consideration of the evidence,
revealed no manifest errors or miscarriage of justice requiring its intervention. The Court,
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