d.
The right to be tried within a reasonable time by an impartial
court or tribunal.
118. The Court observes that Article 14(2) of the ICCPR provides that:
“Everyone charged with a criminal offence shall have the right to be
presumed innocent until proved guilty according to law.”
119. The Court further observes that Article 14(3)(e) of the ICCPR, provides that:
“In the determination of any criminal charge against him, everyone shall be
entitled to the following minimum guarantees, in full equality to examine, or
have examined, the witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as
witnesses against him.”
120. The Court has held that, while it does not substitute national courts when it
comes to assessing the particularities of evidence used in domestic
proceedings, it retains the power to examine whether the manner in which
such evidence was considered is compatible with international human rights
norms.48 One critical concern in that respect is to ensure that the evaluation
of facts and evidence by domestic courts was not manifestly arbitrary or did
not result in a miscarriage of justice to the detriment of the Applicant. 49
121. In this regard, the Court notes that the Applicant claims that he was not
presumed to be innocent, in violation of the Charter, without adducing any
evidence to that effect. However, the court notes that upon arraignment, the
Applicant was asked to plead and thereafter tried, that a voire dire was
conducted to determine the voluntariness of the statement of his coaccused whose testimony led to the Applicant’s conviction, that he was
48
See Mohamed Abubakari v. United Republic of Tanzania (merits) (3 June 2016) 1 AfLCR 599, §§
26 and 173. See also Kijiji Isiaga v. United Republic of Tanzania (merits) (21 March 2018) 2 AfCLR
218, § 61; Oscar Josiah v. United Republic of Tanzania (merits) (2019) 3 AfCLR 83, §§ 52- 63; Guehi
v. Tanzania, supra, §§ 105-111; Werema Wangoko Werema and Another v. Tanzania (merits), §§ 5964.
49 See Abubakari v. Tanzania (merits), §§ 26 and 173; and Onyachi and Another v. Tanzania (merits),
§ 38.
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