Witnesses and that the Prosecution failed to prove its case beyond a
reasonable doubt. The Court will consider this allegation.
45. Furthermore, the Court notes from the record that the Applicant was
mandatorily sentenced to death by hanging under a law that the Court has
previously held, does not allow the judicial officer any discretion in violation
of Articles 4 and 5 of the Charter.9 The Court will therefore consider whether
the circumstances of the present Application requires findings similar to
those in its case-law on the issues of violation of the right to life, protected
under Article 4 of the Charter; and violation of the right to dignity, guaranteed
in Article 5 of the Charter.
A. Alleged violation of the right to have one’s cause heard
46. The Applicant contends that the testimonies of the prosecution witnesses
were inconsistent and contradicted each other, and thus, lacked the
credibility to establish his guilt beyond a reasonable doubt.
47. He avers that his conviction was based on hearsay and false testimonies.
Furthermore, that the Court of Appeal noted the contradictions in the
prosecution witness statements but did not reverse the decision of the High
Court. Consequently, he submits that he was denied justice in the national
courts.
***
48. Article 7(1) of the Charter provides that: “[e]very individual shall have the
right to have his cause heard…”.
49. The Court notes in line with its established jurisprudence “… that “a fair trial
requires that the imposition of a sentence in a criminal offence, and in
particular a heavy prison sentence, should be based on strong and credible
9
See also Deogratius Nicolaus Jeshi v. United Republic of Tanzania, ACtHPR, Application No.
017/2016, Judgment of 13 February 2024 (Merits and Reparations), §§ 109-112.
11