stage of the judicial proceedings, and, should occasion arise, for execution of the judgments.37 113. This provision affirms that the detention of individuals accused of having committed crimes should be an exceptional measure. Those awaiting trial ought to be granted bail unless specific circumstances necessitate detention, such as the need to uphold the integrity of the trial and prevent the risk of absconding. 114. The Court emphasises that the decision on whether to grant bail to an accused demands an individualised assessment, taking into account the unique facts of each case and the specific circumstances of the Applicant. In such assessment, while considering the nature of the charges against an accused is relevant, it should not be the sole determining factor for the denial or granting of bail. In essence, the enjoyment or denial of the right to bail by an accused should not be a legally predetermined outcome solely based on the nature of the crime. 115. In its caselaw, the Court has acknowledged that the right to bail is intertwined with other rights, including the right to liberty, the right to equality and non-discrimination, right to be heard, the presumption of innocence and the right to have adequate time and facility to prepare one's defence.38 Violating the right to bail is, therefore, not an isolated transgression; rather, it constitutes a simultaneous infringement upon several other fundamental rights. 116. In relation to Section 148(5) of the Criminal Procedure Act (CPA) of the Respondent State, the Court specifically determined that although there may be circumstances justifying the denial of bail, the Act's complete exclusion of the competence of domestic courts and the elimination of judicial discretion in assessing bail for specific categories of offenses run 37 Article 9 (3), the International Covenant on Civil and Political Rights (1966) & Human Rights Centre and Tanzania Human Rights Defenders Coalition v. United Republic of Tanzania, ACtHPR, Application No. 039/2020, Judgment of 13 June 2023 (merits and reparations). 38Legal 28

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