22. The Respondent State asserts that in its judgment in Criminal Case No.
22812005, the Court of Appeal of Tanzania examined all the allegations made by
the Applicantand that this Court is bound to respect the Judgment rendered by
that Court.
23.
The Applicant refutes this assertion. Citing the Court's jurisprudence, particularly
in Alex Thomas v United Republic of Tanzama and Peter Joseph Chacha v.
United Republic of Tanzanta, he submits that the Court has jurisdiction as long
as the allegations made are in respect of human rights violations.
***
24.
The Court reiterates its position, that it is not an appellate body with respect to
the decisions of national courts. 1 As the Court had emphasised in its 20
November 2015 Judgment tn Alex Thomas v. tJnited Republic of Tanzama, it held
that: "though this Court is not an appellate body with respect to decisions of
national courts this does not preclude it from examining relevant proceedings in
the national courts in order to determine whether they are in accordance with the
standards set out in the Charter or any other human rights instruments ratified by
the State concerned".2 ln the instant case, the Court's jurisdiction cannot be
contested as long as "the rights allegedly violated are protected by the Charter or
any other human rights instruments ratified by the Respondent State."3
25.
In any case, the Applicant has alleged violations of the rights guaranteed by the
Charter. Accordingly, the Court dismisses the Respondent State's objection in
this regard and holds that it has materialjurisdiction.
B.
Other aspects of jurisdiction
1
Application No.005i2013, Judgment of 20111t201s, Alex Thomas v. united Republic of Tanzania (Alex
Thomas v Tanzania Judgment), para. 130; Applicatio n No. A1U2015, Judgment of 28t09t2017
Christopher Jonas v. United Republic of Tanzania (Christopher Jonas v Tanzania Judgment), para. 28;
Application No. 003/2014, Judgment of 24t111201 7, lngabire Victoire Umuhoza v. Repubtic of Rwanda
(lngabire Victoire v Rwanda Judgment), para. 52; Applicatio n No. 007/2013, Judgment of 03/06/2013,
Abubakari v. United Republic of Tanzania (Mohamed Abubakariv Tanzania Judgment), para
Thomas v Tanzania Judgment Op.cit para. 130.
para.45.
Y
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g