II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the records that on 4 November 2010, around 6 pm at
Kikurula Ranch in the Karagwe District of the Kagera Region, the Applicant
was arrested, charged with statutory rape and arraigned at the District Court
of Karagwe at Kayanga in Criminal Case No. 49 of 2010 and sentenced to
twenty (20) years’ imprisonment on 18 August 2011.
4.
He subsequently appealed the decision before the High Court of Tanzania
at Bukoba. On 12 October 2015, in Criminal Appeal No. 31 of 2015, the
High Court upheld the decision of the District Court but quashed the
previous sentence and substituted it with a thirty (30)year mandatory prison
term.
5.
The Applicant subsequently filed another appeal before the Court of Appeal
of Tanzania sitting at Bukoba challenging the entire judgment. On 20
February 2016, the Court of Appeal upheld the decision of the High Court
and subsequently dismissed the appeal in Criminal Appeal Case No. 483 of
2015.
B. Alleged violations
6.
The Applicant alleges the violation by the Respondent State of his rights to
a fair trial guaranteed under Article 7(1)(c) of the Charter and Article 13 of
the Constitution. In this regard, he contends that:
i.
The Respondent State failed to afford him legal assistance during his
trial;
ii.
The Respondent State failed to notify the Rwandese Ambassador to the
United Republic of Tanzania of his arrest and incarceration;
iii.
The courts of the Respondent State failed to consider evidentiary issues
concerning: the inconsistent testimonies of prosecution witnesses and
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