the evidence in the national courts complies with relevant provisions of international human rights instruments.42 99. Regarding the Applicant’s allegation that his conviction was based on evidence that is neither strong nor credible, the record before the Court shows that both the High Court and the Court of Appeal relied on the evidence of a dying declaration made by the deceased to a number of people including three (3) prosecution witnesses, coupled with visual identification.43 100. Regarding visual identification, both the High Court and the Court of Appeal, after taking cognisance of the dangers of the evidence of visual identification, were satisfied that PW1 identified the Applicant as the conditions were favourable. The domestic courts took into account that PW1 knew the accused for quite a long time and he was a familiar face, that he talked to the accused and his brother at close range and that the incident happened when it was daylight.44 The same courts further ascertained that all circumstances of possible mistakes were ruled out and the identity of the accused person was established with certitude. 101. With regards to the deceased’s dying declaration, the domestic courts evaluated the evidence of two (2) witnesses, that is, PW2 and PW3 and were satisfied that the deceased person mentioned the Applicant and his brother as her assailants.45 From the record, both PW2 and PW3 enquired from the deceased who her assailants were and she mentioned the Applicant and his brother, with PW1 also testifying that she heard the question and the answer by the deceased. Furthermore, both the High Court 42 Kennedy Ivan v. United Republic of Tanzania (merits) (28 March 2019) 3 AfCLR 48, § 61; Elisamehe v. Tanzania (judgment), supra, § 66 and Jonas v. Tanzania (merits), supra, § 69. 43 The Republic v. Dominick S/O Damian, Criminal Sessions Case No. 61 of 2008, Judgment of the High Court of Tanzania at Bukoba, 14 December 2012, page 12 and Dominick Damian v. The Republic, Criminal Appeal No. 154 of 2013, Judgment of the Court of Appeal of Tanzania at Bukoba, 17 March 2014, page 1. 44 The Republic v. Dominick S/O Damian, Criminal Sessions Case No. 61 of 2008, ibid, pages 12-16 and Dominick Damian v. The Republic, Criminal Appeal No. 154 of 2013, ibid, pages 4-5. 45 The Republic v. Dominick S/O Damian, Criminal Sessions Case No. 61 of 2008, ibid, pages 17-19 and Dominick Damian v. The Republic, Criminal Appeal No. 154 of 2013, ibid, pages 5-6. 28

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