Arusha, Tanzania
Website: www.african-court.org
Telephone: +255-272-510-510
JUDGMENT SUMMARY
The Applicants alleged that they were subjected to torture during their interrogation in
order to coerce a confession. The Court held in its decision that the Applicants had not
raised this claim before the High Court and further that there was nothing on the record
with regards to the consideration of the confession by the national courts that required
its intervention. The Court found that the Respondent State had not violated the
Applicants’ freedom against torture provided for under Article 5 of the Charter.
The Applicants further contended that the imposition of the death sentence by hanging
is a violation of their right to inherent dignity. The Court held that the method of
execution by hanging constitutes an encroachment upon human dignity and therefore
a violation.
With regard to the alleged violation of the Applicants’ right to be represented by an
effective counsel, the Court held that the Applicants’ were provided free legal
representation and found no evidence that the Respondent State hindered counsel’s
access to the Applicants, restricted consultation, or denied them adequate time and
facilities for the preparation of the defence. Therefore, the Court held that the
Applicants’ right to be represented by effective counsel of their choice had not been
violated.
On the alleged violation of the right to be tried within a reasonable time, the Court held
that the period of five years, three months, and 15 days before the commencement of
trial was not unreasonable. It took into account the complexity of the case, including
the number of witnesses and the analysis of DNA evidence, as well as the inherently
time-consuming nature of pre-trial processes and the impact of institutional workload
and scheduling.
The Applicants alleged procedural irregularities amounting to a violation of their right
to a fair trial. The Court held that it cannot assume the role of domestic courts by reexamining the details of evidence used to establish criminal culpability. Upon
reviewing the record, it found that the national courts’ assessment of the evidence did
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