the Court finds that the Applicants have failed to prove any illegality in the
manner in which the police officers conducted themselves when arresting
them and recording their statements. Additionally, the Court finds that the
Applicants have not established how the Respondent State treated them in
a manner contrary to the guarantees in Article 3 of the Charter.
70. In the circumstances, the Court holds that the Applicants have failed to
prove a violation of Article 3 of the Charter and, accordingly, dismisses their
allegations.
C. Alleged violation of the right to life
71. Apart from indicating, in their Application, that their right to life was violated,
the Applicants did not make any submissions highlighting how their right to
life was violated.
*
72. The Respondent State submits that the Court of Appeal upheld the High
Court’s decision convicting and sentencing the Applicants to suffer death
because the Applicants arbitrarily deprived Aliasger Saggid and F7091 PC
Godwin of their right to life and that under Tanzanian law the death penalty
is a permissible punishment. In support of its submissions, the Respondent
State has referred the Court to Article 6 of the International Covenant on
Civil and Political Rights (hereinafter referred to as “the ICCPR”) and
submitted that the “ICCPR show that the death penalty has not been
completely prohibited.”
73. The Respondent State also points out that “the Applicants were convicted
of murder which is a serious crime, they were convicted by a competent
court, they appealed to the Court of Appeal of Tanzania, the highest Court
within the justice system which upheld their conviction.” It thus submits that
there has been no violation of the Applicants’ rights under Article 4 of the
Charter.
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