beaten during police interrogation when he was recording his statement. The Court
reiterated its jurisprudence, that the burden of substantiating a claim for a violation
of a human right rests with the person making the allegation. Although not relied
on by the Applicant, the Court found invoked Articles 1 and 12 of the United Nations
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (the UNCAT), which deals with the said right in a greater detail. The
Court recalled that general statements that a right has been violated are not
sufficient for it to establish a violation. Since the Applicant had not provided proof
of the violation of his right to dignity the Court held that the Respondent State did
not violate the Applicant’s right not to be subjected to cruel, inhuman and
degrading treatment as provided under Article 5 of the Charter and Articles 1 and
12 of the UNCAT.
On reparations, the Court reiterated that if a violation is established, Article 27(1)
of the Protocol empowers it to order an appropriate remedy. In the instant case the
violation of the Applicant’s right to free legal representation as guaranteed under
Article 7(1)(c) of the Charter read together with Article 14(3) (d) of ICCPR was
established. The Applicant had, however, failed to establish a link between the
violation established and the prejudice suffered. The Court, therefore, rejected this
claim for reparations for material prejudice. However, the Court awarded the
Applicant a symbolic amount of Tanzanian Shillings Five hundred (TZS 500) for
moral prejudice arising from the violation of the right to free legal representation.
The Court dismissed the Applicant’s prayer regarding the quashing of his
conviction and sentence and setting him free, noting that although a violation of
the Applicant’s right to free legal assistance was established, it had no impact on
the Applicants’ conviction, sentence and incarceration. As such, there was no
justification or compelling circumstance to warrant the vitiation of the conviction
and the quashing of the sentence and setting the Applicant free.
8