D. Alleged violation of the right to be presumed innocent
68. The Applicant alleges that his right to fair trial, namely, the right to be
presumed innocent till found guilty, was violated since the conviction and
imposition of his sentences were not based on strong and credible
evidence. It is the Applicant’s contention that this action was a violation of
Article 7(1)(b) of the Charter read together with Article 11(1) of the UDHR,
Article 14(2) of the ICCPR and Part N, Article 6(e) of the Fair Trial
Guidelines.
69. The Respondent State did not file any response.
***
70. The Court observes that Article 7(1)(b) of the Charter, and other instruments
cited above provide for the right to be presumed innocent until proven guilty
by a competent court or tribunal.
71. The Court recalls the general principle that he who alleges a violation must
prove the same. As the Court held in Armand Guehi v. United Republic of
Tanzania,14 an applicant cannot infer ‘‘presumption of guilt’’, from the
allegation that his trial was not conducted in a proper and professional
manner.
72. In the present Application, the Applicant did not adduce any evidence to
support his claim. He merely inferred that he was not presumed guilty
because his conviction was not supported by strong evidence.
73. The Court notes that the Applicant was given the right to plead on both the
first and amended charge, where he pleaded not guilty. Furthermore, a full
trial was conducted, and the Applicant cross examined all prosecution
witnesses and was given the opportunity to challenge the documents before
14
Armand Guehi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR
477.
17