***
27. The Court recalls its jurisprudence, that under the terms of Article 3(1) of
the Protocol, it has jurisdiction to examine all cases brought before it insofar
as they allege violation of the rights protected by the Charter or any other
human rights instrument ratified by the State concerned.2 Consequently, it
is not necessary for the Applicant to enumerate explicitly the specific
provisions allegedly violated; instead, he needs only indicate that these
alleged violations pertain to the rights enshrined within the Charter or any
other instrument to which the Respondent State is a Party.3
28. In the instant Application, this Court notes that the Applicants clearly allege
violation of their rights to a fair trial guaranteed by Articles 7(1) (a) and (d)
and 26 of the Charter, and Articles 2(3) and 14 (1) of the ICCPR. It follows,
therefore, that the Respondent State’s objection on these points cannot
stand.
29. Furthermore, although it is for national courts to examine issues of
evidence, this Court has jurisdiction to examine the relevant proceedings
before national courts to determine whether they comply with the standards
prescribed in the Charter or in any other instrument ratified by the State
concerned.4 In so doing, it cannot be considered that this Court censures
the decisions of national courts. The Respondent State’s objection on this
point is also dismissed.
2
Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 45; Kennedy
Owino Onyachi and Charles John Mwanini Njoka v. United Republic of Tanzania (merits) (28 September
2017) 2 AfCLR 65, §§ 34-36; Jibu Amir alias Mussa and Saidi Ally Mang’aya v. United Republic of
Tanzania (merits and reparations) (28 November 2019) 3 AfCLR 629, § 18; Abdallah Sospeter
Mabomba v. United Republic of Tanzania, AfCHPR, Application No. 017/2017, Judgment of 22
September 2022 (jurisdiction and admissibility), § 21.
3 Peter Joseph Chacha v. United Republic of Tanzania (admissibility) (28 March 2014) 1 AfCLR 398, §
118.
4 Kennedy Ivan v. United Republic of Tanzania (merits) (March 2019), 3 AfCLR 48, § 26; Armand Guéhi
v. United Republic of Tanzania (merits and reparations) (7 December 2018), 2 AfCLR 477, § 33; Nguza
Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v. United Republic of Tanzania (merits) (23 March
2018), 2 AfCLR 287, § 35.
7