II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the record that on the 14 September 2013, the Applicant
was arrested and charged with the offence of rape4 of a 17-year-old minor,
and sentenced to 30 years in prison by the Magistrates’ Court of Mwanza,
Tanzania, in Criminal Case No. 19/2014 on the 12 February 2014.
4.
Aggrieved with the decision of the Magistrate Court, the Applicant appealed
to the High Court of Tanzania at Mwanza, which dismissed his appeal on
13 April 2016. Dissatisfied with the judgment of the High Court, he further
appealed to the Court of Appeal at Mwanza, which similarly dismissed his
appeal for lack of merit on 13 April 2018, and upheld the conviction and
sentence in its entirety.
B. Alleged violations
5.
The Applicant alleges the violation of his right to a fair trial on two specific
aspects, namely, that:
i.
He was not provided with free legal representation throughout the
proceedings before the domestic courts despite the gravity of the offence
with which he was charged and the weight of the sentence;
ii.
He was sentenced and convicted for the offence of rape on the basis of
evidence which was not proved beyond reasonable doubt.
III.
SUMMARY OF THE PROCEDURE BEFORE THE COURT
6.
The Application was filed on 11 October 2018 and served on the
Respondent State on 18 October 2018.5
4
5
Contrary to Section 130(1) and (2) (e) and 131(1) of the Penal Code Cap 16, R.E 2002.
In accordance with Rule 35(1) of the Rules of Court of 2010.
3