00093 3
53. Moreover, the Court restates its position with regards to evidence relied upon
to convict an Applicant, that:
"As regards, in particular, the evidence relied on in convicting the Applicant, the
Court holds that, it was indeed not incumbent on it to decide on their value for the
purposes of reviewing the said conviction. lt is however of the opinion that, nothing
prevents it from examining such evidence as part of the evidence laid before it so
as to ascertain in general, whether consideration of the said evidence by the
national Judge was in conformity with the requirements of fair trial within the
meaning of A(icle 7 of the Charter in particular.'12
54. The Court notes that when visual or voice identification is used as evidence to
convict a person, all circumstances of possible mistakes should be ruled out
and the identity of the suspect should be established with certitude.13This
demands that the identification should be corroborated by other circumstantial
evidence and must be part of a coherent and consistent account of the scene
of the crime.
55. ln the instant case, the record before this Court shows that the domestic courts
convicted the Applicant on the basis
of evidence of visual identification
tendered by four prosecution witnesses. These witnesses rushed to the scene
of the crime in response to the cries of the victim. Furthermore, the witnesses
knew the Applicant before the commission of the crime, since they were
neighbours and some were his relatives. The domestic courts assessed the
circumstances
in which the crime was committed to eliminate
possible
mistaken identity and found that the Applicant was properly identified as having
committed the alleged crime.la
12 Mohamed Abubakai v. Tanzania (Merits), op cil,
S $ 26 and 173. See also Kijiji lsiaga v. Tanzania
(Merits) op. ctl , $ 66. Oscar Josla h v Tanzania (Merits) $ 53.
13
Ki1i1i lsiaga v- Tanzania (Merits) op. clt, $ 68, Mohamed Abubakari v Tanzania (Merits), I 175, Kenedy
lvan v Tanzania (Merits and Reparations), $ 64.
1a
Kenedy lvan v Tanzania (Merits and Reparations), S 60.
15