II - Applicant’s conviction was pronounced in the chamber of the judge
10. The 30 years imprisonment conviction for the armed robbery charge was, as
repeatedly alleged by the Applicant, pronounced not "in open court" but "in the
chamber of a judge without any reason”.
11. The Respondent State did not refute this allegation. It even confirmed the
allegation, somehow. Indeed, in its response Brief, it invoked Article 310 of the
Tanzanian Criminal Procedure Code which
judgments should be pronounced in public,
(paragraph 218 of the judgment).
enshrines the principle that
subject to certain exceptions
12, The Respondent State went so far as to provide justification for this practice
by advancing the argument of "lack of space" and maintaining that "judges’
chambers are used as courtroom", adding that “any person who wanted to be present was
allowed to do so."
13. It goes without saying that the argument is specious and indeed misleading.
Not only that the reasonable dimensions of a judge’s chamber do not normally
allow for the presence of a significant number of people; but, even if the
chamber is sufficiently spacious and specially designed to receive the public, a
public hearing in a judge’s chamber is in itself intimidating both for the accused
and for the public.
14. The Respondent State argues that hearings in judge’s chambers are held
only "when the doors are wide open" and that "the cause list of the court is
posted in public and is available outside the courtroom"(paragraph 221 of the
judgment).
15. By implication, the Court accepts this argument by affirming that "in the
opinion of the Court, publicity of a judgment is assured as long as it is rendered
in the premises or open area, provided that the public is notified of the place and
the latter has free access to the same"(§ 225 of the judgment). The Court goes as
far as finding for this curiosity an argument in the Charter which is “silent on the
principle of publicity of court decisions pronounced in relation to the right to a fair trial under
its Article 7". However, the Court does not fail to note that this principle is indeed
enshrined in Article 14 of the International Covenant on Civil and Political
Rights duly ratified by the Respondent State on 16 July 1976.
16, The Human Rights Committee, commenting on Article 14 (1) of the ICCPR
states in paragraph 6 of General Comment 13 that “The publicity of hearings is an
important safeguard in the interest of the individual and of society at large”.
It added however
in Article 14, paragraph | that it “acknowledges that courts have the power to exclude all or
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents