such evidence is in conformity with the relevant provisions of applicable
international human rights instruments.s
69.|n view of the foregoing, the Court finds that the evidence of the national
courts has been evaluated in conformity with the requirements of fair trial
within the meaning of Article 7 of the Charter.
70.The Court thus dismisses the Applicant's allegation that he had been
ch,arged and convicted on the basis of a single deposition which does not
corroborate the particulars on the charge sheet, and holds that there was no
violation of Article 7 (1) (c) of the Charter in this regard.
B) The allegation that during the proceedings fhe Applicant was not
affo
rded leg a I assisfance
71.|n the Application, it is alleged that the Respondent violated the Applicant's
right to be represented by Counsel.
72.The Respondent argues that the Applicant has not raised this issue before
the national courts. lt submits that it has gone through the records of the
court procedure as well as the two appeal procedures, and no where did the
Applicant solicit legal assistance and was denied such assistance by the
certification authority.
73.The Respondent further maintains that the Applicant nonetheless has legal
means to solicit legal assistance in accordance with Article 3 of the law on
legal assistance (Criminal Procedure), [Chapter 21 Revised Edition 2002];
that he could have also sought such assistance during the procedure before
the Court of Appeal under Rule 31(1), Part ll of the 2009 Tanzania Court of
Appeal Rules, but he had not availed himself of the said remedies.
8 Mohamed
Abubakai v. United Republic of Tanzania (Application No. 007/20
June 2016, paragraph 26
udg
)
tr/
17
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