I.
The allegation that the Tanzanian Government through all its
official actions violated all accepted principles of human rights
and international law;
II.
The allegation that the Respondent State violated Article 3 of the
Charter;
iii.
The allegation that the Respondent State violated Article 6 of the
Charter by re-arresting the Applicants on 11 March 2005, after
their acquittal by the trial Magistrate, of charges of armed robbery
and conspiracy to commit crimes, and by detaining them
incommunicado in a police cell at the Central Police Station in Dar
es Salaam for four days without food;
iv.
The allegation that the conviction and sentencing of the
Applicants to 30 years imprisonment by the High Court is
unconstitutional and contrary to Article 7 (2) of the Charter.
29. The Respondent also avers that the allegation of the Applicants that the
identification parade was flawed with procedural irregularities is a matter
requiring the Court to sit as a "supreme appellate court". The Respondent
argues that the Applicants are asking the Court to adjudicate on an issue of
evidence, which was already addressed and concluded by the Court of Appeal
of Tanzania.
30. Finally, the Respondent challenges the material jurisdiction of the Court
contending that the Applicants' allegation that it "violated all acceptable
principles of human rights" is vague and does not disclose any particular article
alleged to have been violated.
ii)
Applicants' submissions
31. On their part, the Applicants argue that the Court has material jurisdiction to
deal with this Application. In this regard, the Applicants contend that there have
been violations of their fundamental human rights as provided in the
10
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