66. In relation to the second claim, the Respondent State reiterates that the
Applicant made the self-incriminating statement voluntarily as confirmed by
the High Court and the Court of Appeal. Further, the Applicant did not report
any incident of torture to the justice of peace, who recorded his statement.
***
67. Article 7(1) of the Charter stipulates that “Every individual shall have the
right to have his cause heard.”
68. The Court recalls its case-law that since it is not an appellate court “as a
matter of principle, it is up to national courts to decide on the probative value
of a particular piece of evidence.”24 It is empowered to assess how national
court evaluated such evidence as against international human rights
instruments.25 Notably, among the guarantees of the right to a fair trial is
that a harsh prison sentence following a conviction of a certain criminal
offence should be based on strong and credible evidence. 26 The Court will
consider, in turn, the two grounds related to the issue of evidence that the
Applicant raises.
i.
On the High Court’s admission of the self-incriminating statement into
evidence
69. The Court observes from the records that the crux of the Applicant’s defence
at the High Court and the only ground of appeal before the Court of Appeal
was the admission of the extra-judicial statement into evidence. This Court
therefore has to assess whether the national courts’ admission of this
evidence was in compliance with the Applicant’s right to be heard under
Article 7(1) of the Charter.
24
Kijiji Isiaga v. United Republic of Tanzania (merits) (21 March 2018) 2 AfCLR 218, § 65.
Abubakari v. Tanzania (merits), § 173.
26 Ibid, § 174.
25
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