0u0945
II.
SUBJECT OF THE APPLICATION
A. Facts of the mafter
3.
lt emerges from the file that on 20 December 2005, the District Court of Tarime,
in Criminal case No. 418 of 2005 convicted the Applicant and sentenced him
to thirty (30) years imprisonment following conviction for rape of a twelve (12)
year old minor.
4.
The Applicant appealed against both the conviction and sentence to the High
Court of Mwanza in Criminal Appeal No.35 of 2006 which conflrmed the
decision of the District Court on 11 October 2006.
5.
The Applicant further appealed to the Court of Appeal of Tanzania sitting at
Mwanza, in Criminal Appeal No. 303 of 2013 which was dismissed on 13
August 2014. Dissatisfied with the Court of Appeal's decision, he lodged an
application for Review of the Court of Appeal's decision being, Misc. Criminal
Application No. 1 1 of 2014 in the Court of Appeal of Tanzania at Mwanza which
was rejected.
6.
On 2 October 2015, the Applicant seized this Court
B. Alleged violations
7. The Applicant
alleges that the Respondent State violated his rights under
Articles 2, 3(1) and (2) and 7(1)(c) and (d) of the Charter by failing to consider
his defence of alibi and by failing to consider various contradictions and
discrepancies in the witness statements. He also alleges that he was denied
the right to be heard as he did not benefit from free legal assistance during the
trial and before the appellate courts.
3
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