distance of the observation, the time of observation and the fact that the
victims were familiar with the Applicants and their voices. It also points out
that the trial court found that the prosecution witnesses were credible and
that, over and above the identification evidence, there was corroborating
evidence implicating the Applicants.
72. According to the Respondent State, the domestic courts convicted the
Applicants after a thorough and appropriate examination of all the evidence.
The Respondent State maintains, therefore, that the Court should defer to
the finding of the domestic courts in circumstances where duly established
procedures laid down by the laws of the land were adhered to.
***
73. The Court further underscores that domestic courts enjoy a margin of
appreciation in evaluating the probative value of evidence presented before
them. As an international human rights court, therefore, the Court cannot
take this role from the domestic courts.28
74. As the Court has previously observed, a fair trial requires that the imposition
of a sentence in a criminal offence, and in particular, a heavy prison
sentence, should be based on strong and credible evidence.29 Specifically
in relation to visual identification, the Court has pointed out that when a
conviction is based on this type of evidence, all circumstances of possible
mistaken identity should be ruled out and the identity of the suspect should
be established with certitude. This is also the accepted principle in the
Respondent State’s jurisprudence.30 The result is that evidence of visual
identification should be corroborated by other circumstantial evidence and
must be part of a coherent and consistent account of the crime scene.31
Abubakari v. Tanzania (merits), supra, §§ 26 and 173.
Abubakari v. Tanzania, ibid, § 174.
30 Matter of Waziri Amani v. The Republic (1980) TLR 250.
31 Isiaga v. Tanzania (merits), supra, § 68.
28
29
20