0001rs
three arguments submitted only the third was relevant, which states that,,...
the
prosecution has not been able to gather evidence beyond reasonable
doubt ...',
***
53. The Court notes that the Applicant's allegation does not relate
to Article 3(2) of
the charter, as he asserts, which provides that "Every individual shall be entifled
to equal protection of the law", but rather to Article 7(1), which stipulates that:
"Every individual shall have the right to have his cause heard...,,
54. The Court observes that
the question that arises here is whether the pleas
raised in the appeal were duly examined by the Court of Appeal in conformity
with the abovementioned Article 7(1) of the Charter. On this point, the
Court
has consistently ruled that the examination of particulars of evidence
is a matter
that should be left for the domestic courts, considering the fact that it is
not an
appellate court. The Court may, however, evaluate the relevant procedures
before the national courts to determine whether they conform to the
standards
prescribed by the Charter or all other human rights instruments
ratified by the
State concerned.s
55'The Court notes that in the appeal before the Court of Appeal, the Applicant
raised two issues, namely: the lack of conclusive evidence on the
age of fifteen
(15) attributed to the victim and the fact that the crime has not
been proven
beyond reasonable doubt.
56. The Court notes that the Court of Appeal held that the only
important matter
was whether the material act of rape (penetration) had been committed
by the
Applicant, and following examination of the same, it concluded that
the
Applicant committed the act and confirmed the conviction.
57.
The Court notes that the Applicant has not provided sufficient evidence
to
substantiate his claim as to the age of the victim, and has not demonstrated
how the voir dire examination would have impacted the decision
to convict him.
e Ernest Francis Mtingwiv.
Tanzania Decision, op. cit. para. 14; Alex Thomas v. Tanzania
op. cit. para 130; Mohamed Abubakari v. Tanzania Judgment, op. cit., paras
25 and 26
03212015. KijU| tsiaga v. United Repu blic of Tanzania, Application
No. 032/2015. J
(hereinafter referred to as"Krjiji lsiaga v Tanzania J udgment") para.
63.
I
13
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