00 082 4
52.
The Court notes that, in the instant case, the Applicant is a layman in matters of
law, indigent and incarcerated without the benefit of legal counsel or legal
assistance.s The Court holds that these circumstances sufficienfly justify the
filing of the Application one (1) year and thirteen (13) days after the Court of
Appeal decision.
53.
ln view of the aforesaid, the Court dismisses the objection to admissibility that
the Application was not filed within a reasonable time.
B. Conditions of admissibility not in contention between the Parties
54. The Court
notes that the conditions regarding the identity of the Applicant, the
language used in the Application, the nature of the evidence and the non bis in
idem principle as set out in sub Rules 1, 2,
3,4 and 7 of Rule 40 of the Rules,
are not in contention between the parties.
55.
The Court also notes that nothing in the pleadings submitted to it by the parties
suggests that any of the above requirements has not been met in the instant
case. Consequently, the Court holds that the requirements under consideration
have been fully met in the instant case.
56. ln light of the foregoing, the Court finds that the instant Application
fulfils all
admissibility requirements in terms of Article 56 of the Charter and Rule 40 of the
Rules, and accordingly declares the same admissibte.
VII.
MERITS
A. Alleged violations of the right to a fair trial
57.
The Applicant alleges the violations of his right to a fair trial, namely: (i) the failure
to hear his witnesses, (ii) the fact that the conviction was based on insufficient
evidence and conflicting statements of the prosecution witnesses, and the lack
of access to legal aid.
8
Alex Thomas v. Tanzania Judgment, op. cit.,74
13
T
Y(\ \-a
S