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

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