47. In the instant case, the Applicant alleges that the procedure in the District
Court in relation to the consideration of evidence was not proper. As a result,
according to him, his conviction was tainted with injustice.
48. The Court reiterates its position in Kijiji Isiaga v. United Republic of Tanzania
that:
… domestic courts enjoy a wide margin of appreciation in evaluating
the probative value of a particular evidence, and as an international
court, this court cannot take up this role from the domestic courts and
investigate the details and particularities of evidence used in domestic
proceedings.15
49.
Moreover, the Court restates its case-law that:
As regards, in particular, the evidence relied on in convicting the
Applicant, the Court holds that, it was indeed not incumbent on it to
decide on their value for the purposes of reviewing the said conviction.
It is however of the opinion that, nothing prevents it from examining
such evidence as part of the evidence laid before it so as to ascertain
in general, whether consideration of the said evidence by the national
Judge was in conformity with the requirements of fair trial within the
meaning of Article 7 of the Charter in particular.16
50. The above notwithstanding, the Court can evaluate whether the manner in
which domestic proceedings were conducted, including the assessment of
evidence, was done in consonance with international human rights
standards.
51. From the record, the District Court exhaustively considered the evidence
presented in the Applicant’s case, including the credibility of the witnesses
and the evidence tendered in relation to the stolen goods; and this was
upheld by the High Court and the Court of Appeal.17 The Court further notes
15
Kijiji Isiaga v. United Republic of Tanzania (merits) (21 March 2018) 2 AfCLR 218, § 65.
Abubakari v. Tanzania (merits), supra, §§ 26 and 173. See also Isiaga v. Tanzania (merits) supra, §
66.
17 Shabani Menge and Thobias Charles v. Republic, Judgment of the District Court, pages 2-12.
16
12