83. The Court observes that Article 7(1) of the Charter enshrines the
fundamental principles of a right to fair trial by prescribing, inter alia, that,
every individual has the right to have his cause heard and the right to be
presumed innocent until proven guilty by a competent court or tribunal. The
respect for the right to a fair trial “requires that the imposition of a sentence
in a criminal offence, and in particular, a heavy prison sentence, should be
based on strong and credible evidence”.22
84. In the present case, the Applicant mainly alleges that he was convicted of
murder and sentenced to the death penalty on the basis of unreliable
evidence of hearsay and on the basis of involuntarily given confession,
which the Respondent State disputes.
85. The Court notes, from the record, that the domestic courts convicted the
Applicant relying on testimony provided by four (4) prosecution witnesses,
coupled with four exhibits, including the Applicant’s confession statement. It
is noteworthy that the statements offered by the prosecution witnesses
exhibited a degree of similarity and coherence, substantiating a consistent
narrative pertaining to the commission of the crime. Although none of the
witnesses were present at the material time when the crime was committed,
the domestic courts found that their testimonies significantly matched the
confession statement of the Applicant.
86. As regards the Applicant’s contention pertaining to the involuntary nature of
his confession, namely that he had been tortured before he made his
confession, the High Court examined this issue through a trial within a trial
and concluded that the Applicant’s confession was voluntarily provided,
without a threat of force or coercion, and following proper cautioning by the
Justice of the Peace who recorded his statement. The caution statement
included notification that his statements could be used against him during
trial and that he had the right to remain silent. Importantly, the Court of
22
Abubakari v. Tanzania (merits), supra, § 174; Kijiji Isiaga v. United Republic of Tanzania (merits)
(2018) 2 AfCLR 218, § 67.
22