000306
23. The Applicant submits further that this Court has jurisdiction to quash his conviction
and order his release from prison.
24.The Court has previously held that Article 3 of the Protocol gives it the power to
examine an Application submitted before it as long as the subject matter of the
Application involves alleged violations of rights protected by the Charter or any
other international human rights instruments ratified by a Respondent State.l
25.The Court also observes that it is not an appellate court.2 Nevertheless, even
where allegations of violations of human rights relate to the assessment of
evidence by the national courts, the Court retains the power to ascertain whether
such assessment is consistent with international human rights standards and it has
not occasioned a miscarriage of justice to an Applicant.3
26.ln the instant case, the Court notes that the Applicant's complaints relate to the
alleged violations of human rights, namely, the right to equality before the law and
equal protection of the law and the right to a fair trial, guaranteed under Article 3
and Article 7 of the Charter, respectively.
27.The Court further notes that the Applicant's allegations substantially relate to the
way in which the Respondent State's courts evaluated the evidence that resulted
in his conviction. However, this does not prevent the Court from making a
determination on the said allegations and ascertaining whether the domestic
1
Application No. 003/2014. Ruling of 28/3/2014 (Admissibility), Peter Joseph Chacha v lJnited Republic of
Tanzania, g 1'14.
':Application No. 001/2013. Ruling of 1510312015 (Jurisdiction), Ernest Francis Mtingwi v Republic of
Malawi, $ 14. Application No. 02412015. Judgment ot 711212018 (Merits), Werema Wangoko Werema and
Waisiri Wangoko Werema v. United Republic of Tanzania, $ 29.
3
Application No. 005/2013. Judgmentof 2011112015 (Merits), Alex Thomas v. United Republic of Tanzania,
(hereinafter referred to as "Alex Thomas v Tanzania (Merits)), $ 130; Application No. 007/20'13. Judgment
ot 2010512016, Mohamed Abubakari v. United Republic of Tanzania (hereinafter referred to as, "Mohamed
Abubakai v Tanzania (Merits)"), $ 26; Application No. 003/2015. Judgment ol 2810912017 (Merits),
Kennedy Owino Onyanchi and Another v. United Republic of Tanzania, (hereinafter referred to as "Kenn
Owino Onyanchi and Another v. Tanzania (Merits)), g 35.
a