172.
Finally,
as
regards
the
identification
of the Applicant,
the
Respondent
State’s
representative explained that under Tanzanian law, "when a person knows the perpetrator,
there is no need to have an identification parade,
and this is what happened
in this particular
case",
173. The Court recalls that even if it has no power to re-evaluate the evidence on which
the national court
relied for the conviction, it retains the power to determine whether,
in
general, the manner in which the national court has evaluated the evidence is compliant
with the
relevant provisions
[supra, para
of the applicable
international
human
rights instruments
26].
174. In this regard, the Court first notes that a fair trial requires that the imposition of a
sentence in acriminal offence, and in particular a heavy prison sentence, should be based
on strong
and
credible evidence.
That
is the
purport of the right to presumption
of
innocence also enshrined in Article 7 of the Charter.
175. The Court notes that even in Tanzanian jurisprudence, criminal conviction on the
basis of a single witness is subject to strict conditions, and is clearly a situation that should
arise only in exceptional circumstances. As noted by the Respondent State itself, in the
Matter of Waziri Amani v. United Republic of Tanzania, the Court of Appeal/High Court
declared that “no court should act on evidence of visual identification unless all possibilities of
mistaken
identity are eliminated
and the court is fully satisfied that the evidence
before it is
absolutely watertight’? . The wording of this dictum clearly shows that the judge should in
principle not convict on the basis of a single witness, but he may exceptionally do so only
if all the possibilities of mistaken
identity are eliminated
and
unless the testimony
is
absolutely unassailable.
22 See supra, note 21 [20].
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