9. The Respondent then lodged an appeal in Criminal Appeal No. 125/2005 in the
High Court of Tanzania at Dar es Salaam against the Magistrate's decision in
Case No. 834/2002, challenging the Applicants' acquittal.
10. On 19 December 2005, the High Court overturned the acquittal of the Trial
Magistrate, convicted the Applicants and sentenced them to 30 years'
imprisonment. The Applicants then lodged an appeal against the conviction and
sentence in Criminal Appeal No. 48 of 2006, in the Court of Appeal. The Court
of Appeal affirmed the conviction and dismissed the appeal on 24 December
2009.
11. The Applicants were served copies of the judgment of the Court of Appeal on
2 November 2011, almost 2 years after the dismissal of their appeal.
12. On 9 June 2013, the 2nd Applicant filed at the Court of Appeal for a request for
extension of time to file for a review of both the conviction and sentence in the
Court of Appeal. The Applicant alleges that his Application for extension of time
to file the Application for review was dismissed on 9 June 2014 on the ground
that the review should have been filed within 60 days from the date of judgment.
This was in spite of the fact that the Applicants received copies of the appeal
Judgment almost 2 years after the Court of Appeal delivered the judgment.
III.
ALLEGED VIOLATIONS
13. On the basis of the aforementioned, the Applicants make the following
allegations:
i)
That they were held in custody for 3 weeks by the authorities in the
Republic of Kenya, in violation of their basic rights, before being
arraigned in Court.
ii)
That they were deprived of their right of Appeal as the Kenyan and
Tanzanian Police transported them to Tanzania on 22 March 2003
before they appealed to the Kenyan High Court.
5