provided with the necessary support to safeguard their rights throughout the
legal process.38
136. In the instant case, the Court notes that there is nothing on record indicating
that the Applicant or his Counsel raised his mental health status, at the
preliminary hearing, during the trial proceedings or as a ground of appeal
before the Court of Appeal. It is also clear that in the domestic proceedings,
the Applicant did not specifically contend that he committed the crime out of
superstitious belief as he has claimed before this Court.
137. The Court also notes that the Applicant did not explicitly assert that his
mental incompetence, at the time of the crime or during the trial, was
apparent to the trial court. While the report of the Applicant cutting off his
private parts right after the incident may indicate some mental distress, it
does not conclusively suggest that he committed the crime due to mental
illness.
138. The Court has given due consideration to the affidavits and expert opinions
submitted by the Applicant. However, the Court has not found any evidence
to warrant faulting the domestic courts regarding the lack of consideration
of the Applicant’s alleged mental health at the time of trial, conviction and
sentence.39
139. The Court, therefore, concludes that the Respondent State did not violate
Article 4 of the Charter with regard to the Applicant’s contention of his
conviction without considering his mental health issues.
ii. Imposition of the mandatory death penalty
140. The Applicant contends that Article 4 of the Charter and Article 6 of the
ICCPR establish the inviolability of human beings, affirming the entitlement
38
Marthine Christian Msuguri v. United Republic of Tanzania, Application No. 052/2016, Judgment of 1
December 2022 (merits), §§ 72-77.
39 Mwita v. Tanzania (merits), supra, § 85.
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