I.
SUMMARY OF FACTS
1. Thobias Mang’ara Mango and Mr. Shukurani Masegenya Mango are the
Applicants in this matter and are both citizens of the United Republic of Tanzania,
the Respondent State.
2. The Applicants allege violation of their rights following their arrest,
detention and the manner in which their various cases were treated
before the domestic courts of the Respondent State in relation to the
charges and conviction for armed robbery against them .
3. T h e y w e r e t r i e d a t t h e D i s t r i c t C o u r t o f M w a n z a i n C r i m i n a l
Case No. 672 of 1999, convicted and sentenced on 7 May
2 0 0 4 t o a t e r m o f t h i r t y ( 3 0 ) y e a r s i m p r i s o n m e n t e a c h . The
Applicants appealed the conviction and sentences to the High Court
of Tanzania in Criminal Appeal No. 201 of 2004 which was dismissed
on 31 October 2005 on the basis that the sentence of thirty (30) years
imprisonment was lawful .The Applicants further appealed to the Court
of Appeal of Tanzania sitting at Mwanza in Criminal Appeal No. 27 of
2006 and this Appe al was dismissed on 12 May 2010. The Court of
Appeal found that there was no error in the findings of the District
Court and High Court on the substantive matters under appeal and
that the appeal lacked merit .
4. The Applicants then filed an Application for Review at the Court of
Appeal in Criminal Application No. 8 of 2010 and this was dismissed
on 18 February 2013 on the basis that it showed no ground that raised
the need for a review of the Court of Appeal’s judgment in Criminal
Appeal No. 27 of 2006 .
5. The Applicants claim that they subsequently filed on 17 June
2013 a Constitutional Petition at the High Court at Mwanza
alleging violation of their human rights under the Basic
Rights and Duties Enforcement Act which was not heard
despite their concerted follow-up.
II.
ALLEGED VIOLATIONS
6. T h e A p p l i c a n t s c l a i m t h a t :
i. T h e p r i n c i p l e s o f l a w a n d p r a c t i c e g o v e r n i n g t h e m a t t e r
of visual identification were neither met nor considered
by the Trial Court;