testify on his own behalf and, finally, that the trial was held in the presence
of three assessors.
62. In Minani Evarist v. United Republic of Tanzania, the Court reiterated that
“[g]eneral statements to the effect that [a] right has been violated are not
enough. More substantiation is required.”21 Any alleged violation of Article
3 of the Charter, therefore, must be accompanied by adequate evidence to
substantiate the allegation.22
63. Accordingly, the Court holds that the allegation has no basis as the
Applicant has failed to demonstrate how his right to equality before the law
and equal protection of the law was violated.
64. In view of the foregoing, the Court dismisses the allegation that the
Respondent State violated the Applicant’s rights to equality and equal
protection of the law guaranteed under Article 3(1) and (2) of the Charter.
B. Alleged violation of the right to dignity
65. The Applicant avers that his conviction was based on a caution statement
which he later retracted. He further avers that he repudiated the caution
statement because it was “induced by violence” and recorded involuntarily,
after he was slapped, punched, beaten up and threatened. Moreover, during
the voir dire conducted by the High Court to ascertain whether the statement
was recorded voluntarily, he informed the court that he was beaten up by
both the mob before he was arrested and while at the police station with a
“kirungu [Truncheon]”. He submitted at the trial that during his arrest, he
sustained injuries all over his body, including his head and face, which were
inflicted by the people who arrested him.23
21
Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 140;
George Maili Kemboge v. United Republic of Tanzania (merits) (11 May 2018) 2 AfCLR 369, § 51.
22 Minani Evarist v. United Republic of Tanzania (merits) (21 September 2018) 2 AfCLR 402, § 75.
23 See record of proceedings at the voire dire held at High Court, page 51.
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