witness PW3, who is the uncle of the victim, as among the people she
claims she ran to after the rape, neither was any medical report tendered
to corroborate the allegation.
*
50. On its part, the Respondent State submits that it proved its case beyond
reasonable doubt to the satisfaction of the Court of Appeal, which duly
considered the evidence. Furthermore, the Respondent State notes that the
Court of Appeal held with regard to the Applicant’s application for review:
“In view of what has traversed above, we are of the settled position that, the
applicant in this application has failed to sufficiently demonstrate before us
that, there is any error apparent on the face of the record that calls for us to
review. Consequently, we are constrained to dismiss the application for
want of merit.”17
51. The Respondent States submits that the Applicant was duly accorded all of
his rights.
***
52. Article 7(1) provides that “[e]very individual shall have the right to have his
cause heard.”
53. The Court has previously held that:
… domestic courts enjoy a wide margin of appreciation in evaluating
the probative value of a particular evidence. As an international human
rights court, the Court cannot take up this role from the domestic courts
and investigate the details and particularities of evidence used in
domestic proceedings.18
17
Edison Simon Mwombeki v. Republic, Court of Appeal of Tanzania, at Mwanza, Criminal
Application No. 6/08 of 2017, Judgment of 9 July 2018, page 8.
18 Kijiji Isiaga v. United Republic of Tanzania (merits) (2018) 2 AfCLR 218, § 65.
14