13. The Court also found that the Applicant was convicted on “inconsistent
testimony of a single witness in the absence of any identification parade’ and that
“the
Applicant's
alibi
defence
was
not
given
Respondent State’s police and judicial authorities’.
serious
consideration
by
the
14. From the foregoing, | cannot find more “specific and/or compelling”
circumstances than that the Applicant’s conviction was based on the
inconsistent testimony of a single witness in the absence of any
identification parade; that the Applicant’s alibi defence was not given
serious
consideration
by the
Respondent’s
police
and judicial
authorities; and that the Applicant has been in prison for 19 years out of
the 30 years prison term, following a trial which the Court has declared
to have been an unfair trial, in violation of the Charter.
15. The Court in this case is hesitant
Applicant and has opted to leave
Respondent. The Court may want
similar Orders in Application No.
Republic of Tanzania®, which the
with.
in making an order of releasing the
the issue to the discretion of the
to note that it had previously made
005/2013, Alex Thomas v United
Respondent State has not complied
16. The ECtHR in the case of De! Rio Prada v Spain’ after finding that the
Applicant had been unjustly kept in prison and her rights violated had
held “by sixteen votes to one, that the respondent State is to ensure that the
applicant is, released at the earliest possible date”.
This
case
related
to the
alleged violation of Article 7 of the European Convention on Human
Rights which provides that “1. No one shall be held guilty of any criminal offence
on account of any act or omission which did not constitute a criminal offence under
national or international law at the time when it was committed. Nor shall a heavier
penalty be imposed than the one that was applicable at the time the criminal offence
was committed.”
17. The
code
which
to the
applicant in that matter argued that an
and the adoption of a new approach to
resulted in the extension of her release
retroactive application of a penalty that
ameridment to the criminal
the remission of sentences
date by 9 years amounted
did not exist at the material
® Application No. 005/2013, Alex Thomas v United Republic of Tanzania, Judgment of 20
November 2015 page, 65, 161 (ix)
7 Judgment in Application No. 42750/09 Case of Del Rio Prada v. Spain, 21 October 2013 at page
51, para 3 of the disposition
tC
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