and in particular, a heavy prison sentence, should be based on strong and
credible evidence”. 25
81. On the issue of visual identification, the Court recalls its position in a similar
case against the Respondent State that:
(…) when visual identification is used as a source of evidence to
convict a person, all circumstances of possible mistakes should be
ruled out and the identity of the suspect should be established with
certainty. This is also the accepted principle in the Tanzanian
jurisprudence. In addition, the evidence of visual identification must
demonstrate a coherent and consistent account of the scene of the
crime.26
82. The Court has also previously stated that it is not an appellate court and as
a matter of principle, it is up to national courts to decide on the probative
value of a particular piece of evidence.27 The Court has thus consistently
affirmed that it cannot assume the role of the domestic courts and
investigate the details and particulars of evidence used in domestic
proceedings.28
83. In the instant case, the record shows that the domestic courts convicted the
Applicants on the basis of evidence tendered by five (5) prosecution
witnesses, four (4) of whom were present at the scene of the crime. The
statements made by these witnesses were generally similar and revealed a
consistent account of the crime scene. In addition, there were three (3)
exhibits adduced by the prosecution, including medical reports from the
Hospital, although two of them were later expunged from record by the High
Court, as they were obtained without full compliance with domestic laws.
25
Abubakari v. Tanzania (merits), supra, § 174; Kijiji Isiaga v. United Republic of Tanzania (merits)
(2018) 2 AfCLR 218, § 67.
26 Werema v. Tanzania (merits), supra, § 60.
27 Isiaga v. Tanzania (merits), supra, § 65.
28 Ibid.
22