particular cognisance of the fact that under Tanzanian law, assessors are
permitted to seek clarifications from accused persons. It thus behoves the
Applicant to prove that, in a particular case, the assessors went beyond
merely seeking clarifications, which was not shown to be the case in the
instant matter. Consequently, the Court dismisses the Applicant’s claim that
the Respondent State violated her right to be presumed innocent and be
tried by an impartial tribunal protected by Article 7(1)(b) of the Charter.
iii. The Applicant was sentenced based on insufficient, unreliable and
circumstantial evidence
108. The Applicant argues that the prosecution witness’ testimony was
inconsistent and lacked credibility, that the trial court used circumstantial
evidence to convict her; that the requirement of malicious intent was not
proven and that the trial judge disregarded the assessors finding that the
Applicant was not guilty.
*
109. The Respondent State submits that following the Applicant’s appeal, the
Court of Appeal examined the alleged inconsistencies of the witness
testimonies and the issue of reliance on circumstantial evidence, and upheld
the Applicant’s guilty verdict nonetheless. In all, the Respondent State avers
that these inconsistencies were too trivial to cast doubt on the guilt of the
Applicant. In addition, the Respondent State submits that the opinion of the
assessors is not binding on the trial judge pursuant to Section 298(2) of its
Criminal Procedure Act.
***
110. The Court underscores that Article 7 of the Charter can be read in the light
of Article 14 of the ICCPR, which deals with fair trial rights in great detail.34
It follows, from a combined reading of these provisions that the right to a fair
34
See Armand Guehi v. Tanzania (merits and reparations), § 73. See also Wilfred Onyango Nganyi and
Others v. Tanzania (merits), §§ 33-36. The Respondent State became a Party to the ICCPR on 11 July
1976.
32