59. Article 7(1)(a) of the Charter provides that:
[e]very individual shall have the right to have his cause heard. This
comprises: a) The right to an appeal to competent national organs
against acts of violating his fundamental rights as recognized and
guaranteed by conventions, laws, regulations and customs in force.
60. The Court notes that the Applicants’ allegation in relation the Supreme Court
of Appeal revolves around two (2) issues, firstly, the alleged denial of
extension of time to file additional documents; and secondly, on the
reconsideration of evidence. The Court will consider these issues in turns.
i.
Alleged denial of extension of time to file additional documents
61. The Court recalls that the right to have one’s cause heard includes the right
to be afforded time to file documents in support of one’s claims. In the case
of Evodius Rutechura v. United Republic of Tanzania,10 the Applicant
alleged that the Court of Appeal had erroneously dismissed his application
to file for review out of time. Nevertheless, he did not substantiate this
allegation or demonstrate with evidence the alleged violation of his right
owing to the error of the Court of Appeal. He simply asserted that he was
sick. The Court found that the manner in which the Court of Appeal
dismissed the Applicant’s application to file an application for review out of
time did not disclose any manifest error or miscarriage of justice to the
Applicant. The Court therefore dismissed the allegation and found that the
Respondent State did not violate Article 7(1)(a) of the Charter.
62. In the present case, the Court notes that the Supreme Court of Appeal’s
denial of the First Applicant’s request for extension of time to file additional
documents was based on the fact that the First Applicant did not put forward
10
Evodius Rutechura v. Tanzania, ACtHPR, Application No. 017/2021, Judgment of 26 February 2021,
§ § 65-67.
16