60. The question arising in this application is whether or not, at the time of
arrest, the Applicant was informed of the charges levelled against him. It is
recalled that, in making this determination, the applicable general principle
of law is that he who alleges a fact shall provide evidence to prove it. 20
61. As emerges from the judgment of the District Court in proceedings against
the Applicant, in his sworn testimony the Applicant submitted that, on 20
April 2013, he was put under arrest while at his home. The Applicant also
confirmed that, at the time of arrest, the police informed him that there was
an allegation of stealing and rape against him.21 The preceding
demonstrates that the Applicant’s assertion that he was not informed of the
charges brought against him is without foundation.
62. In view of the foregoing, the Court dismisses the Applicant’s allegation that
the Respondent State violated his right to be informed of the charges
brought against him. The Court, therefore, finds that the Respondent State
has not violated Article 7(1)(c) of the Charter as read jointly with Article 14
of the ICCPR.
B. Alleged violation of the right to have one’s cause heard
63. The Applicant alleges that the judgment of the Court of Appeal violated
Articles 2, 3 and 7(1) of the Charter as it did not properly determine matters
of law and fact.
64. The Respondent State disputes this allegation as vague and unspecific. It
is the Respondent State’s contention that the Court of Appeal duly assessed
all matters of law and facts, and found no merit to the Applicant’s grounds
of appeal, which it dismissed.
***
20
Viking (Babu Seya) and Nguza (Papi Kocha) v. Tanzania (merits), supra, § 71; Cheusi v. Tanzania
(judgment), supra, § 129.
21 Republic v. Jackson S/O Godwin, Criminal Case No. 44/2013, Judgment of the District Court of
Biharamulo, 8 April 2014, page 22.
15