stage of the judicial proceedings, and, should occasion arise, for execution
of the judgments.37
113. This provision affirms that the detention of individuals accused of having
committed crimes should be an exceptional measure. Those awaiting trial
ought to be granted bail unless specific circumstances necessitate
detention, such as the need to uphold the integrity of the trial and prevent
the risk of absconding.
114. The Court emphasises that the decision on whether to grant bail to an
accused demands an individualised assessment, taking into account the
unique facts of each case and the specific circumstances of the Applicant.
In such assessment, while considering the nature of the charges against an
accused is relevant, it should not be the sole determining factor for the
denial or granting of bail. In essence, the enjoyment or denial of the right to
bail by an accused should not be a legally predetermined outcome solely
based on the nature of the crime.
115. In its caselaw, the Court has acknowledged that the right to bail is
intertwined with other rights, including the right to liberty, the right to equality
and non-discrimination, right to be heard, the presumption of innocence and
the right to have adequate time and facility to prepare one's defence.38
Violating the right to bail is, therefore, not an isolated transgression; rather,
it constitutes a simultaneous infringement upon several other fundamental
rights.
116. In relation to Section 148(5) of the Criminal Procedure Act (CPA) of the
Respondent State, the Court specifically determined that although there
may be circumstances justifying the denial of bail, the Act's complete
exclusion of the competence of domestic courts and the elimination of
judicial discretion in assessing bail for specific categories of offenses run
37
Article 9 (3), the International Covenant on Civil and Political Rights (1966)
& Human Rights Centre and Tanzania Human Rights Defenders Coalition v. United Republic
of Tanzania, ACtHPR, Application No. 039/2020, Judgment of 13 June 2023 (merits and reparations).
38Legal
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