Application. According to the record, during the Applicant’s arrest, he was
found to be in possession of body parts which were later proven to belong
to the missing Henry Mwakajila.
4.
The Applicant and his co-accused were subsequently charged with the
murder of Henry Mwakajila. On 30 June 2015, the High Court of Tanzania,
sitting at Mbeya, found the Applicant, and three of his co-accused, guilty of
murder and sentenced them to suffer death by hanging. One of the
Applicant’s co-accused, however, was acquitted.
5.
Aggrieved by the conviction and sentence, the four convicts appealed to the
Court of Appeal sitting at Mbeya. On 12 October 2017, the Court of Appeal
affirmed the conviction and sentence of the Applicant and one of his coappellants while acquitting the other two appellants.
B. Alleged violations
6.
The Applicant alleges that the Respondent State’s conduct has violated his
rights as follows:
i.
He was convicted and sentenced to death on the basis of insufficient
evidence contrary to Articles 3(1) and 12 of the Charter;
ii.
The domestic Courts’ reliance on DNA evidence to convict him was
against Article 5 of the Charter;
iii. He was wrongly convicted of murder when there was no proof that the
person mentioned in the charge sheet had died contrary to Articles 3(1)
and 12 of the Charter;
iv. His right to life under Article 4 of the Charter was violated;
v.
His sentence to death by hanging is cruel and against Articles 5 and 3(2)
of the Charter;
vi. The acquittal, by the Court of Appeal, of his two co-appellants, violated
Article 5 of the Charter;
vii. His right to fair trial, under Article 7 of the Charter, was violated as he
was not represented by counsel of his choice;
3