52. The above notwithstanding, the Court can evaluate whether the manner in
which domestic proceedings were conducted, including the assessment of
evidence, to determine if the same was done in consonance with
international human rights standards.
53. From the record, this Court observes that the High Court exhaustively
considered the evidence presented in the Applicant’s case and its findings
were upheld by the Court of Appeal. It considered, for example, the fact that
the Applicant’s co-accused Lugwisha, who later died in custody, informed
the police authorities when they raided his homestead that the remaining
stolen marked cattle were kept there by the Applicant; the fact that four (4)
prosecution witnesses, corroborated the evidence of the other witnesses in
identifying the marked and stolen cattle and the fact that the Applicant failed
to provide a satisfactory account of how he came to be in possession of the
marked cattle. The only logical and reasonable conclusion, therefore,
corresponded with the Applicant’s guilt. The Court further notes that the
Applicant has failed to demonstrate how the Court of Appeal’s evaluation of
the evidence revealed manifest errors requiring its intervention.
54. In light of the foregoing, the Court dismisses this allegation and finds that
the Respondent State did not violate Article 7(1) of the Charter in relation to
the manner in which the trial court arrived at the conviction of the Applicant.
B.
Violation of the right to life
55. It emerges from the record that the Applicant was mandatorily sentenced to
death under a law that does not allow the Judicial Officer discretion to
impose a different punishment. The Court, in these circumstances,
reiterates its jurisprudence that the imposition of the mandatory death
penalty is a violation of the right to life under Article 4 of the Charter. 18
18
Ally Rajabu and Others v. United Republic of Tanzania (merits and reparations) (28 November 2019)
3 AfCLR 539, §§ 104-114; Amini Juma v. United Republic of Tanzania, ACtHPR, Application no.
024/2016, Judgement of 30 September 2021 (merits and reparations), §§ 120-131.
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