21. Regarding the first ground, the Court recalls its jurisprudence that it does
not exercise appellate jurisdiction with respect to claims already examined
by national courts.7 Rather, it retains the power to assess the propriety of
domestic proceedings against the standards set out in international human
rights instruments ratified by the State concerned.8
22. Therefore, the Court will neither be sitting as an appellate court nor be
reviewing evidence adduced before the Court of Appeal in Tanzania by
seeking to assess the domestic proceedings that resulted in the Applicant’s
conviction and sentence. The Court, therefore, dismisses the first ground of
the Respondent State’s objection.
23. Regarding the second ground, the Court affirms that in accordance with
Article 27(1) of the Protocol, “if it finds that there has been violation of human
or peoples’ right”, it can “make appropriate orders to remedy the violation,
including the payment of fair compensation or reparation”. Where it deems
necessary, therefore, the Court can order reparations which relate to
sentences meted out to a victim of violation of human or peoples’ rights. The
Court thus dismisses the second ground.
24. In relation to the third ground, the Court recalls the provisions of Article 7 of
the Protocol, by virtue of which it interprets and applies the provisions of the
Charter and other human rights instruments ratified by the Respondent
State. The Court will, therefore, determine the issues arising in the
Application regardless of whether the Applicant has cited the correct
provisions of the Charter and other human rights instruments ratified by the
Respondent State.9 The Court observes that in the instant case, the
Applicant alleges that the Respondent State violated his right to a fair trial
7
Ernest Francis Mtingwi v. Republic of Malawi (jurisdiction) (15 March 2013) 1 AfCLR 190, § 14;
Kennedy Ivan v. United Republic of Tanzania (merits) (28 September 2017) 2 AfCLR 65, § 26; Nguza
Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v. United Republic of Tanzania (merits) (23 March
2018) 2 AfCLR 287, § 35.
8 Armand Guehi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR
477, § 33; Werema Wangoko Werema and Another v. United Republic of Tanzania (merits) (7
December 2018) 2 AfCLR 520, § 29 and Alex Thomas v. United Republic of Tanzania (merits) (20
November 2015) 1 AfCLR 465, § 130.
9 Mohamed Abubakari v. United Republic of Tanzania (merits) (3 June 2016) 1 AfCLR 599, § 32.
8