Applicants on TV before the date of the said parade. However, the Applicants
further allege that their images were disseminated not only on TV but also
through newspapers before the parade, which the Respondent has not directly
refuted.
86.lt is a matter of common sense that in criminal proceedings, identification
parade is not necessary and cannot be carried out if witnesses previously knew
or saw a suspect before the identification parade. The Court notes that this is
also the practice in the jurisdiction of the Respondent State 14 .
87.ln the instant case, the records of both the High Court and the Court of Appeal
do not show that this requirement was fulfilled. Although some of the witnesses
provided affidavits stating that they had not watched TV before the identification
parade, neither of them (including PW 8 whose only testimony was used to
sustain conviction) clearly stated that he/she did not see the images of the
Applicants before the said parade in local newspapers. This implies that the
identification parade was conducted despite the fact that the witnesses may
have had a chance to see the Applicants in local newspapers.
88.ln this regard, the Respondent has not supplied evidence showing that the
domestic courts took measures to verify whether or not the witnesses read
newspapers. 15 In light of the probability that witnesses may have seen the
Applicants on local TV channels and newspapers, the safeguards which applied
in the assessment of the evidence were inadequate. 16 Given that the conviction
of the Applicants depended only on evidence from a single witness testimony
obtained during this identification parade, there is an additional reason to doubt
the context in which they were convicted. In these circumstances, the Court
concludes that the procedural irregularities in the identification parade affected
the fairness of the Applicants' trial and conviction.
89. The Court, therefore, holds that there was a violation of the right to a fair trial
of the Applicants under Article 7 (1) of the Charter.
14 Republic v Mwango Manaa (1936) 3 East African Court of Appeals 29. See also the Police General
Order (PGO) No.232 of Tanzania. One of the conditions to be satisfied for a proper identification parade
is that the witnesses shall not see the accused before the parade.
15 Rejoinder, p. 9
16 In the same sense, Abubakari Case, paras.181-184.
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