observed that the case was adjourned on multiple occasions during the
proceedings before the District Court, upon the request of the Respondent State.
Moreover, the District Court granted the Applicant’s prayer to start the case de
novo when a new judge took over the case. This resulted in the fresh testimony of
all the prosecution witnesses who had previously testified.
Consequently, the Court found that the Respondent State did not violate the
Applicant’s right to be tried within a reasonable time guaranteed under Article
7(1)(d) of the Charter regarding the period of proceedings before the domestic
courts of six years, five months and one day.
Regarding the Applicant’s fifth alleged violation on his right to a fair trial contrary
to the provisions of Article 7(1) of the Charter because he was convicted on the
basis of a defective charge sheet, the Respondent State submitted that, the
allegation touched on evidentiary matters which this Court does not have
jurisdiction to consider. The Respondent State argued that should the Court
consider evidentiary matters, it would be sitting as an appellate court with regard
to matters which were already decided by the highest court in the Respondent
State, the Court of Appeal of Tanzania. The Court observed that Article 7(1) of the
Charter guarantees the protection of fair trial rights, however, it considered it
necessary to invoke Article 14 of the ICCPR, which deals with the said right in
greater detail. The Court found that the failure of the Respondent State to record
the offence on the Applicant’s charge sheet was a procedural irregularity, which
however, did not result in a miscarriage of justice, since the Applicant was able to
understand the offence with which he was charged and to also take plea.
Consequently, the Court held that the Respondent State did not violate the
Applicant’s right to a fair trial guaranteed under Article 7(1) of the Charter as read
together with Article 14 of the ICCPR with regard to the allegation on charging the
Applicant using a defective charge sheet.
On the sixth and last alleged violation of the Applicant’s right to dignity, protected
under Article 5 of the Charter, the Applicant claimed that he was brutalized and
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