***
103. The Court observes from the records on file that the prosecution relied on
the corroborated testimonies of the witnesses and the victim, since the
medical record was expunged from the proceedings.
104. In this regard the Court observes that the Applicant has not demonstrated
how the prosecution failed to prove its case beyond reasonable doubt.
105. The Court recalls its jurisprudence in the matter of Mohamed Abubakari v.
United Republic of Tanzania, where it held that a fair trial requires that where
a person faces a heavy prison sentence, the finding that he or she is guilty
and the conviction must be based on strong and credible evidence.34 In the
instant case, the Court notes that the Trial Court, the High Court and the
Court of Appeal determined that there was sufficient evidence to prove
beyond reasonable doubt that the Applicant committed the crime with which
he was charged and this was collaborated by the testimonies of prosecution
witnesses.
106. Consequently, the Court holds that the Respondent State did not violate the
Applicant’s right to fair trial as enshrined in Article 7 of the Charter and thus
dismisses the allegation.
VIII. REPARATIONS
107. The Court notes that Article 27(1) of the Protocol stipulates that “[i]f the
Court finds that there has been violation of a human or peoples’ right, it shall
make appropriate orders to remedy the violation, including the payment of
fair compensation or reparation.”
34
Abubakari v. Tanzania (merits), supra, §§ 191-192.
28
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