50. The Application is not based exclusively on news disseminated through
mass media as it is founded on court documents from the domestic courts
of the Respondent State in fulfilment of Rule 50(2)(d) of the Rules.
51. The Court observes that the final decision of the Court of Appeal of Tanzania
was delivered on 23 February 2016 and the Applicant filed his Application
before this Court on 8 June 2016. The Court finds a period of three (3)
months and sixteen (16) days that was taken before filing his Application
before this Court was manifestly reasonable and, therefore, the requirement
in Rule 50(2)(f) of the Rules has been met.
52. Further, the Application does not concern a case which has already been
settled by the Parties in accordance with the principles of the Charter of the
United Nations, the Constitutive Act of the African Union, the provisions of
the Charter, in compliance with Rule 50(2)(g).
53. The Court, therefore, finds that all the admissibility conditions have been
met and that this Application is admissible.
VII. MERITS
54. The Court will consider, (A) the alleged violation of Article 7(1) of the
Charter, before addressing, (B) the alleged violation of the right to life
protected under Article 4 of the Charter, (C) the violation of the right to
dignity guaranteed under Article 5 of the Charter, (D) the alleged violation
of the right to non-discrimination protected under Article 2 of the Charter,
and then, (E) the alleged violation of the right to equality before the law and
to equal protection of the law, guaranteed under Article 3 of the Charter.
A. Alleged violation of the right to have one’s cause heard
55. The Applicant alleges that the courts of the Respondent State convicted him
based on doubtful evidence. He claims that his conviction was based on his
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