000 225
B. Conditions of admissibility not in contention between the Parties
52.The Court notes that the conditions regarding the identity of the Applicant,
compatibility of the Application with the Constitutive Act of the African Union, the
language used in the Application, the nature of the evidence
and the principle
that the Application should not concern a matter or issues previously settled by
the Parties in accordance with the principles of the Charter of the United Nations,
the Constitutive Act of the African Union, the provisions of the Charter or of any
legal instrument of the African Union (sub-rules
1,2,3,4
and 7 of Rule 40 of the
Rules), are not in contention between the Parties.
53. The Court further notes that nothing on the record submitted by the Parties shows
that any of these conditions has not been met in the instant case. Consequently,
the Court finds that the conditions set out above have been fulfilled.
54.|n view of the foregoing, the Court holds in conclusion that this Application meets
all the admissibility conditions contemplated in Articles 56 of the Charter and Rule
40 of the Rules, and consequently declares the Application admissible.
VII.
MERITS
55.The Applicant alleges that the Respondent State violated his right to liberty and to
a fair trial. He contests the legality of the sentence meted
to him and with regard
to all the violations, invokes the failure to abide by Articles 2,3(1) and (2), 6, 7(1Xa)
and (c) and (2), 9(1) and (2) of the Charter.
A. Alleged violation of the right to liberty
56.The Applicant submits that after his arrest and during his remand in custody, he
requested bail pending his tria!, which was denied. He contends that denying him
bail was a violation of his right to freedom guaranteed under Articles 13 and 15 of
the Tanzanian Constitution and Article 6 of the Charter.
L4
(