occupation by any work or exercise to keep his brain and body active and healthy; headaches and ulcers as a result of the conditions of detention. 165. In the present Application, the Applicant makes a prima facie allegation of being subjected to deplorable prison conditions, which he also supported with a witness statement made under oath. The Respondent State on its part rejects the claim as unsubstantiated without however adducing any evidence to the contrary. In the circumstances, burden of proof does not shift back to the Applicant given that the witness statement carries a probative value. 166. The Court also takes judicial notice that, as per the 2022 Performance Audit Report released by the National Audit Office of the Respondent State, the state of prison conditions reveals issues such as inadequate food, overcrowding, poor sanitation and insufficient medical care; dilapidated bedding facilities.76 In its report submitted for the 2016 Universal Periodic Review of the Respondent State, the Office of the United Nations High Commissioner for Human Rights highlighted the fact that “conditions in prisons and detention centres were of serious concern”.77 Similarly, in its 2021 submissions for the country’s third universal periodic review, the Commission for Human Rights and Good Governance of the Respondent State, which is the national human rights institution of the Respondent State, raised concerns about overcrowding and food ratio.78 167. The Court observes that the Respondent State does not rebut the Applicant’s claim by providing details on its prison conditions or provide evidence to the effect that the said conditions are in line with international standards. Given the above described state of detention, the balance of National Audit Office (United Republic of Tanzania), Performance Audit Report on Administration and Provision of Remands and Prisons Infrastructure (March 2022). 77 United Nations Human Rights Council, ‘Compilation prepared by the Office of the United Nations High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21 United Republic of Tanzania’ (7 March 2016). 78 Commission for Human Rights and Good Governance, ‘Submission for Tanzania Third Cycle Universal Periodic Review’ (August 2021) 1-2. 76 47