000235
freedom, equality before the law and equal protection of the raw as
guaranteed by the African Charter on Human and Peoples' Rights;
His conviction and sentence to 30 years in prison was based on a crime
which did not exist at the time of the alleged facts;
He was not afforded the right to be heard,
ilt
as he was not present at the
proceedings at the High Court and the Court of Appeal;
IV
The proceedings before the High court and the court of Appea! were
flawed because they were conducted without the original record of the
proceedings in Criminal Case No. 123 of 1997 before the District court
of tvluleba;
V
He was denied the right to be represented by counsel before the High
court and the court of Appeal, contrary to Article 7(1Xc) of the charter.
10.
Relying on the foregoing allegations, the Applicant submits in conclusion that the
judgments of the Respondent State's courts were in violation of Articles 13(6)(a)
and 18(a) of the Constitution of the United Republic of Tanzania as well as
Articles 2,3(1) and (2),6,7(1)(a) and (c), andT(2),9(1) and 9(2) of the charter.
III.
SUMMARY OF THE PROCEDURE BEFORE THIS COURT
11.
The Application was filed on 5 April 2016 and was served on the Respondent
State on 10 May 2016.
12. On 3 June 2016, the Respondent
State transmitted to the Registry the names
and addresses of its representatives and filed its Response on 12 July 2016. The
Response was transmitted to the Applicant on g August 2016 to which he filed
his Reply on 15 September 2016.
4
,