proceedings before the High Court of Tanzania instituted on the Complainant’s
behalf.
149.
In this vein the Commission recalls that it adopts the approach
that it is for the courts of State Parties and not for the Commission to evaluate the facts
in a particular case and unless it is shown that the courts’ evaluation of the facts were
manifestly arbitrary or amounted to a denial of justice, the [African] Commission cannot
substitute the decision of the courts with that of its own20
150. However, the circumstances of this case do not permit the application of that
approach. For the main, where facts are evaluated and established by courts of one
State, such facts will not be taken as granted with regard to another State which was
not a party in the proceedings before the courts of the first State, and particularly
where such facts are contested by the second State in proceedings before the
Commission. The Commission will therefore conduct its own evaluation of the facts
alleged in the habeas corpus proceedings in Tanzania to the extent that they are
contested by the Respondent State in the present Communication.
151. Firstly, the Complainant states that he believes he was in Djibouti because he
was deported from the Republic of Tanzania to that country. To support this, he
relies first on the record of the habeas corpus proceedings instituted on his behalf in
Tanzania. The record included the habeas corpus application supported by
‘affidavits’ sworn by the Complainant’s father and wife; an opposing affidavit of the
Assistant Director of Immigration exhibiting a ‘Departure Declaration Card’ and a
Notice to Prohibited Immigrant’ purportedly signed by the Complainant on his
deportation; and the ruling of the High Court of Tanzania on the habeas corpus
application. The opposing affidavit and the exhibits thereto were meant to prove
that he was no longer in the custody of Tanzanian officials and that he had been
deported to Djibouti, a country of the Complainant’s choice. To signify the
Complainant’s choice in this regard, the complainant is alleged to have signed the
Departure Declaration Card and the Notice to Prohibited Immigrant.
152. Notably, the applicants in the habeas corpus proceedings disputed the
signature, but the High Court of Tanzania opined that the validity of the signature
was a question for a different consideration to the one it was called upon to decide
on the habeas corpus application: whether he was still in the custody of the Tanzanian
Immigration Authorities.
Communication 240/01 - Interights et al. (on behalf of Mariette Sonjaleen Bosch) v Botswana (2003) para.
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