Applicant, during the preliminary hearing, objected to the caution statement
being tendered as evidence on the ground that his client did not speak
Kiswahili at the time of its recording and had been beaten and forced to sign
it. The trial court then ordered that a trial within a trial be conducted to
determine whether the Applicant recorded the statement voluntarily.
Furthermore, the Applicant recounted this concern during the trial.35
86. This Court observes that although the assessors determined that the
Applicants recorded the extra judicial statements voluntarily, the Magistrate
took note of the wounds on the bodies of the two Applicants, in particular on
specific parts of the body where they allege to have been hit by police, as
prima facie evidence of police brutality. This observation supports the
Applicants’ claims that they were beaten and forced to sign statements
recorded in Kiswahili, which they did not understand and which were never
read back to them.
87. This Court observes that at different stages of the proceedings, the
Applicants informed the police authorities, their lawyers and the trial court
that they did not fully understand Kiswahili well, the language in which their
interrogation and trial was conducted, and that, as a result, they were unable
to participate meaningfully in those proceedings. However, they were
instead beaten up by the police authorities and forced to sign the
statements.
88. Consequently, the Court finds that the Respondent State violated Article
7(1)(c) of the Charter, as read together with Article 14(3)(a) of the ICCPR,
with regard to the alleged failure to provide the Applicants with interpretation
services during their arrest, interrogation, detention and trial.
35
Record of proceedings, page 35/20.
26