36. The instant Application contains allegations of violations of human rights
protected by the Charter and other international human rights instruments
ratified by the Respondent, specifically, ICCPR. As such, the substance of the
Application falls within the ambit of the material jurisdiction of the Court.
Accordingly, the preliminary objection of the Respondent that the Application
contains a vague allegation disclosing no particular article of the Charter does
not oust the subject matter jurisdiction of the Court to examine the instant
Application.
37. Regarding the argument of the Respondent that the Application raises issues
involving evaluation of evidence and challenges to the length of penalty
specified in the domestic law, matters which require the Court to sit as a
"Supreme Appellate Court", this Court, in the matter of Abubakari v Tanzania,
held that:
liAs regards, in particular, the evidence relied on in convicting the Applicant,
the Court holds that, it was indeed not incumbent on it to decide on their value
for the purposes of reviewing the said conviction. It is however of the opinion
that, nothing prevents it from examining such evidence as part of the file
evidence laid before it so as to ascertain in general, whether consideration of
the said evidence by the national Judge was in conformity with the
requirements of fair trial within the meaning of Article 7 of the Charter in
particular."
3
38. Consequently, in the instant case, the Court has the power to examine whether
the evaluation of facts or evidence by the domestic courts of the Respondent
was manifestly arbitrary or resulted in a miscarriage of justice to the Applicants.
The Court also has the jurisdiction to investigate the manner in which the
particular evidence that resulted in the alleged violation of human rights of the
Applicants was collected and whether such process was carried out with
adequate safeguards against arbitrariness.
39. With regard to the Applicants' submission that the penalty imposed by the
domestic legislation for armed robbery violates the Constitution of the
Respondent and the rights enshrined in Article 7 (1) of the Charter, the Court
e-
Mohamed Abubakari v The United RepUblic of Tanzania, Application No. 007/2013 judgment of 20
J
May 2016, para. 26 (hereinafter referred to as Abubakari case)
3
12
"
6
G-
-~1 ~ re