AFRICAN UNION
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UNION AFRICAINE
alatyi
UNIAO AFRICANA
AFRICAN
COURT ON HUMAN
AND PEOPLES’ RIGHTS
COUR AFRICAINE DES DROITS DE L’HOMME
ET DES PEUPLES
DISSENTING OPINION
JUDGE RAFAA BEN ACHOUR
1. I subscribe to most of the reasoning and decisions of the Court in the Matter
of Mohamed Abubakari versus the United Republic of Tanzania (Application
007/2013).
2. However, I am unable to go along with the majority of members of the Court
on two issues which, in my view, are important:
- The first issue relates to the refusal of the Court to order the release
of the prisoner who is currently serving 30 years prison sentence
pronounced by the Moshi District Court on 21 July 1998. I had
expressed similar disagreement on this point in the Matter of Alex
Thomas!.
- The second issue relates to the absence of publicity of the trial due to
the fact that the Applicant’s conviction was pronounced in the
chamber of a judge; which in my view constitutes a serious breach of
the principle of publicity of proceedings in general, and criminal
proceedings in particular.
I
-
Refusal
of
the
Court
to
order
the
release
of
the
prisoner
3. As in the Matter of Alex Thomas’, the Applicant (Mohamed Abubakari)
alleges the violation of several of his rights, upon his arrest, during his remand
and indeed in the course of his trial’.
4. In light of the said allegations, the Court rightly held that the Respondent
State “violated Article 7 of the Charter and Article 14 of the Covenant as regards the
1 Judgment of 20 November 2015
2 Idem
3 Cf. paragraph 5 of the Judgment
;
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