confirmed that under the Respondent State’s criminal procedure law,
discretion is vested in a trial court to determine the admissibility of any
evidence supposedly illegally obtained. In further interrogating the matter,
the Court of Appeal found that the High Court had exercised proper judicial
discretion in admitting the evidence. It thus refused to interfere with the
findings of the High Court.
89. Before this Court, the First Applicant has simply restated the same
argument that he made before the Court of Appeal. No attempt has been
made to demonstrate why or how both the High Court and the Court of
Appeal erred in admitting the evidence allegedly illegally obtained. The
Applicant has, therefore, simply made a general allegation which has not
been substantiated. In the circumstances, the Court dismisses the First
Applicant’s allegations of a violation of his right to dignity by reason of the
time it took to record his caution statement.
90. The above notwithstanding, the Court takes judicial notice of the fact that all
the Applicants were sentenced to suffer the death penalty by hanging. The
Court, in the circumstances, reiterates its established jurisprudence that
hanging, as method for implementing the death penalty amounts to a
violation of the right to dignity under Article 5 of the Charter.36
91. The Court, therefore, finds that the Respondent State violated Article 5 of
the Charter by prescribing hanging as a method of implementing the death
penalty.
E. Alleged violation of the right to a fair trial
92. The Court notes that the Applicants have made a number of allegations
falling under the rubric of the right to a fair trial.
36
Rajabu and Others v. Tanzania, ibid, §§ 119-120; Henerico v. Tanzania, ibid, §§ 169-170; Juma v.
Tanzania, ibid, §§ 135-136.
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