Arusha, Tanzania
Website: www.african-court.org
Telephone: +255-272-510-510
JUDGMENT SUMMARY
right to be heard, protected under Article 7(1) of the Charter, read jointly with Article 9(3) of
the ICCPR, concerning the Applicant’s right to bail.
On the alleged violation of the right to dignity with respect to the sentence imposed on him,
the Court noted that the trial court imposed the sentence in accordance with the law, as
provided for in the Economic and Organised Crimes Control Act and the Wildlife Conservation
Act. The Court further noted that following his appeal before the High Court, the Applicant was
acquitted on the first count and that only the conviction, sentence and orders entered against
him in respect of the second and third counts were upheld. The Court further took into
consideration that the domestic court considered the gravity of the offence in passing the
sentence, as duly provided by law. In these circumstances, the Court found that the Applicant
failed to prove the alleged violation and held that the Respondent State did not violate his right
to dignity, guaranteed in Article 5 of the Charter, with regard to the sentence imposed on him.
On the alleged violation of the right to equality before the law and of the right to equal
protection of the law, the Court noted that the Applicant had failed to expound the basis of the
alleged violation of Article 3 of the Charter. The Court also noted that the Applicant was able
to make use of all the legal remedies available to him and that he was able to defend himself
in accordance with the protections provided by law. Accordingly, the Court found that the
Applicant did not prove the alleged violation and held that the Respondent State did not violate
his rights to equality before the law and equal protection of the law protected under Article 3
of the Charter.
Having found that the Respondent State did not violate any of the Applicant’s rights, the Court
dismisses the Applicant’s prayers for reparations. As to costs, the Court decided that each
party should bear its own costs.
Further Information
Further information about this case, including the full text of the decision of the African Court,
may be found on the website at: https://www.african-court.org/cpmt/details-case/0662019
For any other queries, please contact the Registry by email registrar@african-court.org
The African Court on Human and Peoples' Rights is a continental court established by African
Union Member States to ensure the protection of human and peoples’ rights in Africa. The
Court has jurisdiction over all cases and disputes submitted to it concerning the interpretation
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